Summary: We will not investigate Ms X’s complaint about how the Council dealt with her requests for information. This is because the Information Commissioner is better placed to consider these matters.

The complaint

1. Ms X complains that the Council failed to prevent tree roots from damaging her property. Ms X also says the Council failed to properly respond to her requests for information about this matter.

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The Ombudsman’s role and powers

2. 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))
3. 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)

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How I considered this complaint

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

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My assessment

6. I will not investigate Ms X’s complaint about how the Council failed to prevent tree roots from causing damage to her property. We previously considered a complaint from Ms X about the same issue and do not accept repeat complaints about the same issues.
7. I will not investigate Ms X’s complaint that the Council failed to properly respond to her information requests. This is because the Information Commissioner’s Office (ICO) is better placed to consider such complaints.

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Final decision

8. We will not investigate Ms X’s complaint because the ICO is better placed to consider complaints about how bodies handle information requests.

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Investigator's decision on behalf of the Ombudsman