London Borough of Tower Hamlets (22 009 598)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 03 Nov 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to provide the complainant with information about his child’s school. This is because the Information Commissioner’s Office is better placed than the Ombudsman to consider the matter.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council failed to provide him with information to which he was entitled and has failed to respond to his representations about the matter.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B says the Council failed to provide him with details of his child’s school. He says he was entitled to this information and it was unlawfully withheld from him. He says he has made representations to the Council but has not had a substantive response, despite undertakings from the Mayor’s office.
- We will not investigate Mr B’s complaint. Essentially, it concerns access to information. Complaints about such matters can be brought to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider them.
- As there is another body which is better placed to consider the substantive matter, it is not a good use of public resources for us to investigate how the Council has responded to representations about it. There are insufficient grounds for the Ombudsman to intervene.
Final decision
- We will not investigate Mr B’s complaint because another body is better placed to consider the substantive matter.
Investigator's decision on behalf of the Ombudsman