London Borough of Havering (25 009 553)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 05 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about access to information. This is because the Information Commissioner’s Office is better placed to consider Mr Y’s complaint.
The complaint
- Mr Y complained about the conduct of a Council officer during a telephone call with him.
- Mr Y said the failure to provide him with a recording of the call has meant that he has not been able to pursue his complaint with the Council.
The Ombudsman’s role and powers
- 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)
- 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))
How I considered this complaint
- I considered information provided by Mr Y.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr Y complained the Council’s failure to provide the recording of a telephone call held with a Council officer have prevented him from raising his concerns about the nature of the call.
- I consider Mr X’s request for the Council to provide him with a copy of the recording of the telephone call as a complaint about access to information.
- The Information Commissioner has broad powers to investigate complaints about access to information. We normally consider it reasonable for a person to refer those complaints to the Information Commissioner.
- We will not investigate this complaint. It is reasonable to expect Mr Y to approach the Information Commissioner if he wishes to challenge the Council’s decision not to provide him with a copy of the call recording.
Final decision
- We will not investigate Mr Y’s complaint because the Information Commissioner is better placed to consider it.
Investigator's decision on behalf of the Ombudsman