Summary: We will not investigate this complaint about alleged discrepancies in the Council’s finances, or its handling of freedom of information requests the complainant has made. This is because we cannot investigate a matter which we decide affects all or most of the people living in the Council’s area. Further, if the complainant is dissatisfied with how the Councill has responded to his information requests, he could reasonably take his complaint to the Information Commissioner’s Office which is the best placed body for such matters.

The complaint

1. The complainant (Mr X) complains about alleged missing income in the Council’s finances. He says the income is generated by Feed-in Tariff (TIF) payments on electricity from solar panel meter readings. Mr X says the Council has failed to explain where the money has gone. He also complains the Council has given him incorrect information in response to information requests he has made under the Freedom of Information Act 2000, as well mishandling his requests generally.
2. In summary, Mr X says the alleged fault affects all taxpayers living in the Council’s area. He says the Council has potentially caused serious financial loss to taxpayers. As a desired outcome, Mr X wants the Council to carry out a full and transparent investigation into the alleged failings, including properly responding to his information requests.

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The Ombudsman’s role and powers

3. We cannot investigate an action we decide affects all or most of the people living in a council’s area. (Local Government Act 1974, section 26(7), as amended).
4. 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).

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How I considered this complaint

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

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My assessment

Financial discrepancies

6. As acknowledged by Mr X in his complaint to us, the alleged fault and substantive issue impacts all or most taxpayers living in the Council’s area. For the reasons given at paragraph three (above), we have no legal jurisdiction to investigate in these circumstances and I have no discretion in this respect.

Information requests

7. The Freedom of Information Act 2000 (FOIA) gives the public a general right to access recorded in-formation held by public authorities, such as government departments, local councils, the NHS, state schools, and police forces. The Act requires these authorities to:

• Publish certain information about their activities proactively.
• Respond to requests from the public for information they hold, within twenty working days, unless specific exemptions apply.

8. If a person remains dissatisfied about how an organisation has responded to an information request, having exhausted a council’s complaint and/or review process, they can complain to the Information Commissioner’s Office (ICO), the UK’s independent regulator for information rights. The ICO can investigate the complaint and, if appropriate, issue a decision notice requiring the authority to take action, such as releasing information or correcting inaccuracies.
9. Given the ICO is the body established by Parliament to consider such matters, I consider it would be reasonable for Mr X to take his information access concerns there. It is not the role of the Ombudsman to investigate FOI disputes and we have no powers to compel the Council to do the things Mr X wants.

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Final decision

10. We will not investigate this complaint. This is because the restrictions I outline at paragraphs three and four (above) apply.

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Investigator's decision on behalf of the Ombudsman