Summary: We will not investigate this complaint. The Information Commissioner is better placed to consider Mr X’s complaint about how his request for information has been dealt with and his complaint about building control is made late.

The complaint

1. Mr X complains about how the Council responded to his request for information under Environmental Information Regulations (EIR) and about how the Council issued a completion certificate for the building where Mr X and his family lives.

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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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. I will not investigate Mr X’s complaint about how the Council responded to his requests for information under EIR. The Information Commissioner's Office (ICO) is the UK's independent authority on information rights matters including the EIR. It is better placed to determine if the Council has responded correctly to Mr X’s requests.
8. I will not investigate Mr X’s complaint about the Council’s decision to issue a completion certificate for the building where he lives. This is because this happened too long ago, Mr X has been aware of the issue for several years, and so I see no good reason why he could not have complained to the Ombudsman sooner.

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Final decision

9. We will not investigate Mr X’s complaint because the ICO are better placed to consider part of it and the other part is made late.

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Investigator's decision on behalf of the Ombudsman