The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s request for documents relating to his claim. This is because the Information Commissioner’s Office is better placed to deal with the matter.
The complaint
Mr X complained the Council did not provide him with copies of documents, relating to a claim he made for damage to his car. Mr X says he had to pay for the damage caused as the Council refused his claim. Mr X wants a copy of the documents the Council have referred to, in their reasoning for refusing his claim.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s car was damaged in 2023, and he made a claim against the Council.
Mr X previously complained to us about how the Council handled his claim and we issued a decision explaining that we would not investigate.
Mr X requested to see the independent assessor’s report and correspondence between the Council and anti-fraud department. The Council responded to Mr X and said it had provided all information requested and had nothing further to add.
We will not investigate this complaint. Mr X can make a Freedom of Information request to the Council to obtain the information he believes the Council have not provided. If Mr X is unhappy with the Council’s response, he can refer the matter to the Information Commissioner’s Office.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to deal with the matter.
Investigator's decision on behalf of the Ombudsman