The Ombudsman's final decision
Summary: We will not investigate this complaint about alleged failures by the Council to follow guidance when issuing licenses for a dog breeding kennel and when responding to freedom of information requests. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has not suffered a significant personal injustice which warrants our involvement.
The complaint
The complainant, I shall call Mrs J, says the Council: Failed to take the action outlined in its internal report on handling previous licensing applications for a kennels.
Failed to follow the law when responding to her requests for information made under the Freedom of Information Act 2000.
Misled Mrs J and the Information Commissioner’s Officer (ICO).
Mrs J says she has suffered great inconvenience and was offended by the tone of the Council’s responses to her complaint. She wants an internal inquiry into the response to her requests for information. And into licensing dog breeding establishments.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mrs J and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs J’s complaint because she has already complained to the ICO about the Council’s responses to her requests for information. It is for the ICO to act if it believes the Council has misled it.
Also, I do not consider Mrs J has suffered a significant personal injustice which justifies our involvement.
Investigator's decision on behalf of the Ombudsman