The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s request that he clarify his name before processing his information request. This is because we have decided any injustice is not significant enough to justify our involvement.
The complaint
Mr X complains the Council improperly asked him to clarify his name before processing his information request. He says this has caused him injustice because he was caused distress, inconvenience and delay while he went through the complaints process. Mr X wants an investigation, an apology, service improvements and compensation.
The Ombudsman’s role and powers
People may complain to us about injustice caused by: ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or the actions of an organisation in connection with privately arranged adult social care.
(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).
We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).
How I considered this complaint
I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.
My assessment
The Council has responded to Mr X’s complaint. It said it was permitted to seek clarification of a requester’s name under the Information Commissioner’s Freedom of Information Act guidance. It apologised for causing frustration or inconvenience to Mr X. It also fed back a service improvement: it had reminded officers to communicate clearly the reasons for requesting clarification to reduce misunderstandings in the future.
The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
I recognise the circumstances of Mr X’s complaint affected him, but I do not see evidence of a significant injustice to warrant us investigating.
Final decision
We will not investigate this complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman