Norwich City Council (20 009 425)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 26 Jan 2021
The Ombudsman's final decision:
Summary: Mr X complains the Council has not responded to his requests for information about a public spending matter which has impacted him as a council tax payer. We will not investigate as this impacts all or most of the people in the Council’s area and so is outside our legal remit.
The complaint
- Mr X complains the Council has failed to respond to his requests for information about its involvement with a loss making house building company. Mr X says this has impacted upon him personally as a council tax payer.
The Ombudsman’s role and powers
- We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
- 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.
How I considered this complaint
- I have considered what Mr X said in his complaint.
What I found
- Mr X complains the Council has failed to respond to his requests for information about its involvement with a loss making house building company.
- Mr X says he has been put to time and trouble to try to obtain the information he has requested and has had to involve the Information Commissioner’ Office (ICO). Mr X says the Council’s involvement in the company may have cost tax payers millions and has impacted on him personally as a tax payer in the Council’s area.
Analysis
- A potential loss to the public pursue impacts upon all or most of the people in the Council’s area. The law gives us no remit over such matters.
- The ICO is the appropriate body to deal with the concerns Mr X raises about information rights.
- For these reasons, we cannot investigate.
Final decision
- Mr X’s complaint arises from his concerns about a loss to the public purse. This is something which impacts upon all or most of the people in the Council’s area and is therefore not within our remit. The ICO is best placed to deal with Mr X’s complaint about the Council’s response to his request for information.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman