Summary: We will not investigate this complaint the Council did not provide information about local housing need. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about how the Council responded to his request for information about the need for ‘houses in multiple occupation’ (HMO). He said the Council ignored his emails. He said this had caused him anger and frustration. He wants the Council to have disciplinary procedures in place to deal with staff.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X emailed the Council and said he was proposing to build a property consisting of multiple habitation units. He said if the Council agreed there was demand for this type of accommodation it would support his planning application.
7. The Council responded and said it could not endorse the planning application. It did not provide figures around housing demand. It did not respond to his further correspondence about the matter. In its response to his complaint, it said his initial email read as a request for endorsement. It did not uphold the complaint.
8. Although Mr X is unhappy with the Council’s actions, we will not investigate. The Council has explained to Mr X why it considered his email an endorsement request. There is no evidence of fault in how it came to that decision. In addition, we will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. I do not consider Mr X has been caused a significant injustice by the Council’s actions.
9. If Mr X wants specific information from the Council about housing demand, he can make a freedom of information (FOI) request. If he has any concerns about how the Council deals with that request, it is reasonable for him to contact the Information Commissioner’s Office. The ICO deals with complaints around FOI.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman