Summary: The Ombudsman will not investigate Mr B’s complaint the Council has not disclosed information he and his solicitors have requested about a third party’s business. Complaints about failures to provide information are better considered by the Information Commissioner.

The complaint

1. The complainant, whom I shall call Mr B, has concerns about contamination and quality issues at a company that makes and sells ready prepared meals in supermarkets. Mr B complains about the Council’s response to his concerns and says it has failed to provide information about the inspections it has carried out.

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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 Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I have considered the information Mr B provided when he made his complaint. I sent a draft decision to Mr B and invited comments before I made my final decision.

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What I found

6. Mr B owns a business (Business X) that makes freshly prepared meals and sells them online. He complains that another business (Business Y) has registered a very similar name and is selling ready meals in supermarkets with this name. Consumers have bought products from Business Y and complained to Mr B’s company (Business X) about quality and contamination issues. They have left negative feedback reviews online against Business X, even though they bought the product from Business Y. Mr B says this is affecting the reputation of his company and he has asked the Council to inspect Business Y for food hygiene breaches.
7. Mr B has also asked the Council to provide evidence of the steps it has taken to investigate the reports he has made. He complains the Council has failed to provide this information to him and to his legal team.
8. Whether the Council has complied with its duties to provide information Mr B is entitled to receive is a matter better considered by the Information Commissioner (ICO). It is therefore reasonable to expect Mr B or his legal representative to refer this complaint to the ICO

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Final decision

9. The Ombudsman will not investigate this complaint. This is because complaints about failures to provide information are better considered by the Information Commissioner.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman