Summary: We will not investigate this complaint about the installation of traffic enforcement cameras because we could not add to the Authority’s investigation. The Information Commissioner is better placed to consider complaints about how freedom of information requests are responded to.

The complaint

1. Mr X complains about the introduction of traffic enforcement cameras near his property. Mr X says the Council has failed to justify why the cameras have been installed and has refused to respond to his freedom of information 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:

• we could not add to any previous investigation by the organisation, or
• 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 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 considered information provided by the complainant and the Authority.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. There has been a traffic order in place at a junction at the end of Mr X’s Road for a number of years preventing a right turn. The Authority has installed several cameras at the junction which it says are to enforce this traffic order.
7. I will not investigate Mr X’s complaint that the Authority has failed to justify its reasons for installing the cameras. This is because investigation by the Ombudsman would not add to the one carried out by the Authority, which fully explained and justified the reasons for the cameras being installed.
8. I will not investigate Mr X’s complaint that the Authority has failed to respond to his freedom of information request. This is because the Information Commissioner’s Office (ICO) are better placed to dealt with complaints about such matters.

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Final decision

9. We will not investigate Mr X’s complaint because we could not add to the one carried out by the Authority and because the ICO are better placed to dealt with complaints about freedom of information requests.

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Investigator's decision on behalf of the Ombudsman