The Ombudsman's final decision
Summary: We will not investigate this complaint about alleged mismanagement of a public route. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We do not consider the complainant has suffered a significant personal injustice which justifies an investigation. And it is reasonable to expect him to complain to the Information Commissioner about the Council’s responses to his requests for information.
The complaint
Mr X complains the Council has mismanaged a public route include its status, parking enforcement and internal management. However, he has not been the subject of enforcement action and he does not live in the area. Mr X says he is making the complaint on principle.
Mr X also complains the Council has failed to fully respond to his requests for information made under the Freedom of Information Act.
The Ombudsman’s role and powers
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 any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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.
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because he has not suffered a significant personal injustice because of the Council’s actions. Also, it is reasonable to expect him to complain to the Information Commissioner if he believes the Council have failed to respond to his requests made under the Freedom of information Act.
Investigator's decision on behalf of the Ombudsman