The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council’s oversight of decisions relating to the use of a Council-owned building. This is because we have decided the alleged fault has not caused Mr B a personal injustice.
The complaint
Mr B complains the Council has not shown that it followed appropriate governance, oversight and decision-making processes relating to the commercial use of a Council-owned building. Mr B says there is significant public interest in understanding how this commercial opportunity was awarded. Mr B also complains that the Council did not answer his specific concerns and instead treated his correspondence as a formal complaint.
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 will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. In addition, we will not normally investigate a complaint where the complainant is using their enquiry as a way of raising a wider community campaign about something of general concern but where they have not suffered injustice.
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 B.
I considered the Ombudsman’s Assessment Code.
My assessment
The alleged fault by the Council does not directly affect Mr B and he has not suffered a personal injustice.
And, as advised by the Council, Mr B may request specific information from the Council under the Freedom of Information Act. If needed, Mr B may complain to the Information Commissioner, and appeal to the tribunal. I find it is reasonable for Mr B to do this.
So, we will not investigate this complaint.
Final decision
We will not investigate this complaint because the alleged fault has not caused Mr B a personal injustice.
Investigator's decision on behalf of the Ombudsman