Summary: We cannot investigate Mr X’s complaint the actions of a contractor involved in a project for redevelopment in the area. This is because we have no jurisdiction over the contractor and cannot hold the Council responsible for their actions. We also cannot achieve the outcome Mr X wants.

The complaint

1. The complainant, Mr X, complains contractors involved in a plan for redevelopment in the area have encouraged local residents to support the proposal. Mr X wants the Council to remove the contractors from the project and change the plans for redevelopment.

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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. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), 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 X and the Ombudsman’s Assessment Code.

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My assessment

6. The contractors are not a body within our jurisdiction and we cannot therefore consider complaints about them.
7. There is no suggestion any lobbying was undertaken on the Council’s behalf and we cannot therefore say the Council was responsible for the contractor’s actions in promoting the proposal.
8. We also cannot achieve the outcome Mr X wants.

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Final decision

9. We cannot investigate this complaint. This is because it concerns the actions of a private contractor rather than an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman