Summary: We will not investigate this complaint about highway repair and maintenance because the courts are better placed to consider the complaint.

The complaint

1. Mr Y complained the Council failed to properly record details of an incident and failed to disclose correct information in a Freedom of Information (FOI) request.

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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. The Information Commissioner's Office (ICO) 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.
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr y complained the Council failed to release all the necessary data when he made an FOI request. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes not providing information where it should.
7. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection or FOI , the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Mr X should therefore approach the ICO about his concerns.
8. Mr Y has also complained about difficulties he has experienced in a claim for pothole damage against the Council. Any claim for damages is better considered by the courts.
9. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
10. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.
11. As we are not investigating the substantive issues it is not a good use of public resources to investigate how the Council dealt with Mr Y’s complaint.

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Final decision

12. We will not investigate Mr Y’s complaint because the courts are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman