London Borough of Enfield (23 005 187)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 10 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with a Freedom of Information request because Mr X’s concerns are best raised with the Information Commissioner’s Office. We will we not investigate Mr X’s complaint about rubbish outside a property as any injustice is not significant enough.
The complaint
- Mr X complains about the Council’s response to a Freedom of Information (“FOI”) request.
- Mr X also complains about rubbish outside a property which he says blocks pavements and obstructs the road causing him to wait in traffic jams.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:
- any injustice is not significant enough to justify our involvement, or
- there is another body better placed to consider this complaint, or
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Information Commissioner’s Office (the “ICO”) is better placed to consider Mr X’s complaint about the Council’s FOI response. The ICO is a free service so it is reasonable to expect Mr X to approach it, so we will not investigate.
- Mr X also complains about rubbish outside a property which he says blocks pavements and obstructs the road causing him to wait in traffic jams.
- I appreciate Mr X feels strongly about the issue and while I have considered Mr X's comments they do not amount to a significant personal injustice to warrant a formal investigation by the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint as the FOI request is best dealt with by the ICO and because there is insufficient injustice to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman