Summary: We will not investigate this complaint about an inspection which led to changes being made to the complainants Animal Activities Licence and how information was subsequently shared about the inspection. This is because the complainant has a right of appeal to a tribunal about changes made to his licence and because he can complain to the Information Commissioner if he feels his information has been shared unlawfully.

The complaint

1. The complainant, who I will call Mr X, complains about an inspection the Council carried out in relation to his Animal Activities Licence. Mr X says the Council has added restrictions to his licence, despite no issues being found on previous inspections. He also complains that information from the inspection was shared with the Council’s children’s services, its planning department and with the Environment Agency, which Mr X considers to be a breach of his data protection rights.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The General Regulatory Chamber tribunal service can consider appeals against conditions imposed against Animal Activities Licences.
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. I will not investigate Mr X’s complaint about the findings of the inspection which led to conditions being placed on his Animal Activities Licence. This is because he can appeal this matter with the General Regulatory Chamber, which is a tribunal which considers appeals against such conditions.
9. I will also not investigate how information about what was found during the inspection was shared with other Council departments and with the Environment Agency. If Mr X feels his personal information has been mishandled by the Council, he has the right to complain to the Information Commissioner who is better placed to investigate complaints about data protection matters.
10. If Mr X is unhappy with the outcome of any investigation by the Council’s children’s services or the planning department, connected to the information provided from the inspection he can complain about this separately.

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Final decision

11. We will not investigate Mr X’s complaint because he has a right of appeal to a tribunal and because he can complain to the Information Commissioner about how his information was shared.

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Investigator's decision on behalf of the Ombudsman