Summary: We will not investigate Mr C’s complaint about the Council’s response to his complaint about waste collection changes. This is because Mr C may put in a Freedom of Information request for the information he seeks, and if needed, complain to the Information Commissioner.

The complaint

1. Mr C complains the Council has failed to address the issues he raised in his complaint about changes to the Council’s waste collection service. Mr C says the Council has just provided general statements and has not provided the evidence he requested or answered his specific questions about the decision to introduce these changes. Mr C does not consider the Council has been transparent or genuinely engaged with his complaint.

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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 Act says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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 considered information provided by Mr C.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We would not normally investigate a complaint which is solely about complaint handling.
8. This is because an investigation is unlikely to be a good use of our limited resources or provide a meaningful outcome for the person who has complained.
9. I find an investigation into the Council’s handling of Mr C’s complaint is not justified. Mr C may request information from the Council under the Freedom of Information Act, and if needed, complain to the Information Commissioner. I find this is the most appropriate route for the issue Mr C complains about and it is reasonable for Mr C to do this.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr C’s complaint because it is reasonable for him to put in a Freedom of Information request, and if needed, complain to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman