Summary: We will not investigate Mr X’s complaint about how the Council responded to his request for information. This is because complaints about access to information are best considered by the Information Commissioner.

The complaint

1. Mr X complains the Council refused to share information with him about how it revoked a street trader’s license.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

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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 complained the Council misused the ‘right-to-know’ principle when he requested information about how it revoked a street trader’s license. He said he needed the information to carry out his role as a Councillor.
7. I will not investigate this complaint about Mr X’s right to information. Complaints about such matters are best considered by the Information Commissioner’s Office (ICO).

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to raise his concerns with the ICO.

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Investigator's decision on behalf of the Ombudsman