Summary: The Ombudsman cannot investigate Mr X’s complaint that the Council will not give him information he has requested about a resident. Mr X complains as a councillor which means his complaint is outside the Ombudsman’s legal remit.

The complaint

1. Mr X is a councillor and asked the Council for contact details of a resident so he could follow up a complaint they had made about a Council service.

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The Ombudsman’s role and powers

2. We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)

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How I considered this complaint

3. I have considered what Mr X said in his complaint.

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What I found

4. Mr X is a councillor and asked the Council for contact details of a resident so he could follow up a complaint that had been made about a Council service. The Council has told Mr X it cannot do this because of data protection rules.

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Final decision

5. My decision is that the Ombudsman cannot investigate Mr X’s complaint. This is because Mr X does not complain as a member of the public but as a councillor and effectively therefore, as part of the Council. The complaint is therefore outside the Ombudsman’s legal remit.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman