Summary: We will not investigate Mr X’s complaint about how the Council has dealt with his requests for information relating to building control inspections of his property. This is because the Information Commissioner is better placed to consider the matter.

The complaint

1. Mr X complains about how the Council has dealt with his requests for information relating to building control inspections of his property. Mr X wants the Council to carry out a review of records it holds and to explain to him what is missing an why.

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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)

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How I considered this complaint

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

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My assessment

6. I will not investigate Mr X’s complaint. The issues he has raised concern how the Council dealt with his Freedom of Information request and about what information the Council currently holds. These are matters better dealt with by the Information Commissioner’s Office (ICO)

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Final decision

7. We will not investigate Mr X’s complaint because the ICO are better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman