Summary: We will not investigate this complaint about the Council’s actions on the status of an access road which runs behind the complainant’s home. We have seen no reason to investigate the parts of the complaint which are late. We cannot investigate information or statements made in connection with court action. And it is reasonable to expect the complainant to approach the Information Commissioner if he believes the Council is withholding information which he is entitled to receive.

The complaint

1. Mr X complains the Council has failed to provide information or answer questions about the status of an access road which runs behind his home.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. The Information Commissioner's Office (ICO) 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.
6. 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 there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by Mr X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X raises concerns about matters which he has been aware of for more that 12 months. There is no reason why he could not have come to us much sooner. Therefore we will not consider the parts of his complaint which are late, as described in paragraph three above.
10. Mr X also says we must be able to consider statements made by the Council in various court cases. However, we cannot consider any matters which have been raised in court. This includes statements made by the Council in court papers, in statements provided by the Council for the court or court reports etc. Such matters are outside our jurisdiction.
11. If the Council has refused to provide information with information which Mr X believes he is entitled to receive; it is reasonable to expect him to raise such matters with the Information Commissioner’s Office. This office was set up to oversee public authority compliance with access to information.
12. Also, it is not the Ombudsman’s responsibility to adjudicate on disputed points of law.

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Final decision

13. We will not investigate Mr X’s complaint because:
• we have seen no reason to exercise discretion and investigate parts of the complaint which are late
• all matters which have been raised in a court of law, including statements made in reports or papers which are inextricably linked to court action, are outside our jurisdiction; and
• it is reasonable to expect him to contact the ICO if the Council has refused to provide information which he believes he is entitled to receive.
14. Considering all the above there is no worthwhile outcome to be achieved by investigating any remaining issues.

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Investigator's decision on behalf of the Ombudsman