Summary: We will not investigate this complaint about the Council’s failure to repair the complainant’s wall to an acceptable standard and provide information the complainant requested. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have already considered the complain about the wall and will not revisit this matter. And it is reasonable to expect the complainant to approach the Information Commissioner’s Office about the information.

The complaint

1. The complainant, I shall call Mr X complains:
• the Council refuses to repair his wall to an acceptable standard; and
• refuses to provide him with information he is seeking.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mr X’s complaint about a failure to provide him with information he is seeking. Mr X may ask for this information under the Freedom of Information Act. If the Council refuses to provide this information Mr X may complain to the Information Commissioner, who is in the best position to consider the matter. Also, I find it is reasonable for Mr X to appeal a decision of the Information Commissioner to the tribunal if needed. So, we will not investigate this matter.
7. We will not investigate Mr X’s other complaints because he has previously complained to us about these matters, and we will not consider them again.

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Investigator's decision on behalf of the Ombudsman