Summary: We will not investigate this complaint about the Council’s handling of matters relating to Mr X’s licence application. This is because there is no evidence to suggest fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council wrongly relied on untested evidence from a third party which it included as part of his licensing application. He says it has also failed to properly respond to his Subject Access Request.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X, including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied for a licence to sell alcohol. On file the Council held information about a failed test purchase carried out by a third party at Mr X’s business premises. Mr X withdrew his application and complained to the Council about relying on this evidence and its presence on his file.
7. The Council told Mr X it had had no role in carrying out the test, the results of which it had been sent, and that the Licencing Panel provided him with an opportunity to represent himself and challenge the evidence.
8. Mr X complains the Council has relied on information about him without carrying out its own checks. However, the Council has clearly set out the position and it is open to Mr X to proceed with an application and challenge the information it was sent. I have seen no evidence to suggest there has been fault by the Council in its handling of matters.
9. Mr X complains about the Council’s response to his SAR. However, this is a matter best dealt with by the Information Commissioner’s Office which Mr X has already approached.

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Final decision

10. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman