Summary: The Ombudsman cannot investigate this complaint that the Council will not publish information about businesses that received a COVID-19 support grant. This is because he cannot investigate complaints from local councillors and because the complaint needs to be considered by the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Mr X, says he cannot help businesses get a COVID-19 support grant because the Council will not publish information about which businesses it has already awarded grants to. Mr X is a local councillor.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. 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)
4. The Ombudsman investigates complaints of injustice made by members of the public. The law says local councillors, complaining about something in their role as a local councillor, are not members of the public. (Local Government Act 1974, section 24A(6), 5.1 as amended)

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How I considered this complaint

5. I read the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

6. Mr X, in his capacity as a local councillor, asked the Council to publish a list of the companies that had received grants under the COVID-19 support programme. Mr X says he needs this information so he can help other businesses get a grant.
7. The Council said it could not currently publish the information and relied on an exemption within the Freedom of Information Act. The Council said it would review its position on publication after the support scheme had closed.

Assessment

8. I cannot start an investigation because the law says the Ombudsman can only investigate complaints from members of the public. Mr X is complaining as a local councillor and says the lack of published data is preventing him from supporting other companies. Mr X is not complaining as a member of the public so I cannot start an investigation.
9. I also will not start an investigation because this is a matter for the Information Commissioner (ICO). The ICO can consider if the Council was correct to refuse to publish the information and correct to rely on one of the exemptions under the Freedom of Information Act.

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Final decision

10. I cannot start an investigation because I cannot investigate complaints from local councillors and because the matter needs to be considered by the ICO.

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Investigator's decision on behalf of the Ombudsman