Sunderland City Council (20 007 803)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 20 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about information provided to the complainant about the rejection of a business proposal. The complainant can refer the matter to the Information Commissioner and appeal to a tribunal if necessary.
The complaint
- The complainant, who I refer to here as Mr B, submitted a proposal to run a business from Council-owned premises. He has complained the Council will not explain why it did not accept his proposal.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
- The Information Commissioner's Office (ICO) considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). We normally consider it reasonable to expect a complaint about freedom of information to be referred to the ICO.
How I considered this complaint
- I have considered what Mr B said in his complaint and spoken with him. The Council also provided a copy of its correspondence with Mr B about his complaint.
What I found
- Mr B asked the Council to explain why it did not accept his proposal. It is clear the Council has not ignored his request and has provided him with information.
- Mr B remained dissatisfied. The Council told him it had treated his requests as if they had been made under the Freedom of Information Act 2000. It advised him he could complain to the ICO.
- The ICO will be able to decide if the Council has met its legal obligations under the 2000 Act. This may not be straightforward because some information about business proposals is likely to be commercially sensitive.
Final decision
- I have decided we will not investigate this complaint because Mr B can complain to the ICO and appeal to a tribunal if necessary.
Investigator's decision on behalf of the Ombudsman