Summary: Mr X complained about the Council’s failure to provide documents about building control completion for his property. We should not exercise discretion to investigate this complaint. This is because it is reasonable for Mr X to complain to the office of the Information Commissioner which is the proper authority to consider loss of data.

The complaint

1. Mr X complained that the Council was unable to find documents relating to the building regulations approval for building his property. He says he needs the documents to support his claim of negligence by the builder.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. 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

4. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Mr X says he requires documents relating to the building regulations approval by the Council for his property. He has started a negligence claim against the developer who built his home, and his solicitors asked the Council for the documents. Mr X also told the Council that he believed the correct approval process could not have been followed or the defects in his home would have been identified.
6. The Council says it will not deal with this matter through its complaints procedure because it is a claim of negligence and should be dealt with by its insurers as a legal matter.
7. The failure to provide the documents relating to the property is a matter for the Information Commissioners to consider because it is a freedom of information issue.

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Final decision

8. We should not exercise discretion to investigate this complaint. This is because it is reasonable for Mr X to complain to the office of the Information Commissioner which is the proper authority to consider loss of data.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman