Bolton Metropolitan Borough Council (24 017 767)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 12 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to provide him with information. This is because the Information Commissioner is better placed to deal with it.
The complaint
- Mr X complains that the Council has refused to share information with him about complaints made about him. Mr X also complains about how the Council dealt with his complaints about this matter.
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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has refused to provide Mr X with the information he requested because it said doing so would disclose third party information that he is not entitled to see.
- I will not investigate Mr X’s complaint. This is because the Information Commissioner’s Office (ICO) is better placed to consider it. The ICO is the UK’s independent regulator in respect of data protection matters and is best placed to determine if the Council is withholding information Mr X is entitled to see.
- I will not investigate how the Council dealt with Mr X’s complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Investigator's decision on behalf of the Ombudsman