Summary: We cannot investigate Mrs X’s complaint that she was not approved to act as a host for Ukrainian Refugees. That is because the Council was not responsible for that decision therefore we have no jurisdiction to investigate. We will also not investigate her complaint the Council has failed to process her subject access request. That is because it would be reasonable for Mrs X to refer her complaint to the Information Commissioner’s Office.

The complaint

1. Mrs X complained the Council provided information to the Home Office that resulted in her not being able to act as a host for Ukrainian Refugees. She is unhappy with that decision as she has already acted as a host for several people. She said she has made a subject access request (SAR) of the Council to get a copy of the information it provided but it has failed to provide it.

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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 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.
4. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

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

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My assessment

7. We cannot investigate Mrs X’s complaint that she is no-longer allowed to act as a host for Ukrainian Refugees. Although the Council provided information to the Home Office about Mrs X, it was the Home Office’s decision not to approve her most recent application, not the Council. Therefore, the Council is not responsible for the matter she complains about. We have no jurisdiction to investigate complaints about the Home Office.
8. Mrs X also complains the Council has failed to respond to her SAR. The Information Commissioner’s Office (ICO) deals with complaints around freedom of information. It is reasonable for Mrs X to complain to the ICO therefore we will not investigate further.

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Final decision

9. We cannot investigate Mrs X’s complaint because the Council is not responsible for the decision not to approve her as a host for Ukrainian Refugees and it would be reasonable for her to refer her complaint about her subject access request to the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman