Summary: Ms X complains about the Council’s involvement in a public consultation carried out by an independent trust. We cannot investigate the complaint because what is complained about is not an administrative function of the Council and so falls outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Ms X, complains about the way the Council was involved in a public consultation exercise carried out by an independent trust. She says errors in the process should invalidate the consultation.

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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. Under the Act, the action to be investigated must be that taken on behalf of the authority and in the exercise of the authority’s functions. (Local Government Act 1974, section 25(7), as amended
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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What I found

6. Ms X took part in a public consultation carried out by an independent trust. The Council’s role in the consultation was to provide a paid for survey service to the trust.
7. Believing she had been misled because the Council’s survey service role in the consultation had not been made clear, and because the use of its confidentiality statement suggested to her that the Council was running the consultation, Ms X made a formal complaint to the Council. She said errors in the process and concerns about a data breach should lead to the consultation being invalidated. An independent investigating officer investigated Ms X’s complaint and produced a report which has now been issued.

Assessment

8. The restriction highlighted at paragraph 3 applies to Ms X’s complaint. The nature of the Council’s involvement in the consultation by providing a paid survey service for the trust is not an administrative function because the action was not taken in the exercise of functions of the Council. For this reason, the complaint falls outside our jurisdiction and cannot be investigated.
9. Moreover, the outcome Ms X seeks is not one we can achieve for her.
10. If Ms X has concerns about a data breach, she can refer the matter to the Information Commissioner.
11. In responding to my draft decision Ms X said she felt misled about the Council’s role and that she feared this illustrated a wider problem of the blurring of roles of council officials who are also trustees. While I understand Ms X has spent time and trouble pursuing her complaint, it is not one we can investigate and we have no discretion here.

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Final decision

12. We cannot investigate this complaint. This is because what is complained about is not an administrative function of the Council and so falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman