Summary: We will not investigate Mr C’s complaint about the Council’s handling of his request for help identifying a vehicle. This is because it is reasonable for Mr C to complain to the Information Commissioner, who is better placed to consider this matter.

The complaint

1. Mr C complains the Council has not helped him identify a vehicle which damaged his car in a Council car park. Mr C says the Council has just said it has no cameras within the car park and has not made a proper effort to identify the vehicle using its CCTV outside the car park.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I considered information provided by Mr C.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council says no footage of the incident in the car park exists within the Council’s CCTV system. This means, the Council says, there was no evidential basis to progress further enquiries to identify the car, so it did not check surrounding cameras.
8. The Council also says CCTV cannot normally be used to release details of third party vehicles or individuals for the purpose of private claims.
9. Mr C may request information, including CCTV footage, from the Council under the Freedom of Information Act. If the Council refuses to provide the information Mr C has requested or if the information is no longer available, Mr C may complain to the Information Commissioner.
10. The Information Commissioner is in the best position to decide complaints about Freedom of Information requests and data retention. If needed, Mr C may put in an appeal to the First Tier Tribunal against a decision of the Information Commissioner. I find it is reasonable for Mr C to do this.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mr C’s complaint because it is reasonable for him to complain to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman