Summary: We will not investigate this complaint about the way the Council handled Mr X’s requests for information concerning a gas works. This is because it is unlikely we would achieve a worthwhile outcome.

The complaint

1. Mr X complains the Council mishandled his requests for information made under the Environmental Information Regulations. He says he suffered avoidable time and trouble, inconvenience and frustration. He seeks a goodwill payment and confirmation of service improvements.

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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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X has already complained to the Information Commissioner’s office (ICO). The ICO found that information was withheld by the Council and that the Council breached information processing requirements.
6. The Council investigated Mr X’s complaint. It apologised to Mr X for its faults in its requests handling process. It says it has identified service improvements such as quality assurance checks, improving communication around delays, staff training and discussing ICO decisions in team meetings. It signposted Mr X to the Ombudsman, while noting the Ombudsman may not investigate because of the separate regulatory regime.
7. We will not investigate Mr X’s complaint. The Council has acknowledged failings, apologised and identified service improvements. We would not be able to separate out any associated process issues when the core of the complaint has already been investigated by the ICO. While I appreciate the ICO does not provide compensation, this does not mean we will now consider. I do not consider there is anything separable for us to investigate on which we could achieve a worthwhile outcome.

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Final decision

8. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman