The Ombudsman's final decision
Summary: We will not investigate this complaint about a financial report on an energy company owned by the Council as this impacts on all or most of the people in the Council’s area and so is not within our remit. Mr X is not caused injustice significant enough to warrant our investigating his associated complaint, about receiving an unsolicited email about this matter.
The complaint
Mr X complains the Council has ignored concerns raised by a report into an energy company’s financial model and future sustainability. The energy company is owned by the Council and Mr X considers the report should be independently reviewed. Mr X also complains the Council sent him an unsolicited email when a third party complained about this issue. This has caused Mr X concern.
The Ombudsman’s role and powers
We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended) 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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The financial sustainability of a company owned by the Council is something that impacts on public finance and so affects all or most of the people in the Council’s area. As per paragraph two, we cannot investigate such matters. It is open to Mr X to raise his concerns with the Council’s auditors.
The Council has told Mr X he was copied into an email in error in a reply to a third party who had also raised concerns about this issue. I do not consider Mr X is caused a level of injustice from this that would warrant our involvement. Mr X can ask the Information Commissioner’s Office (ICO) to look into this, as it is the UK’s independent authority on data security matters, if he remains unhappy with the Council’s explanation as to how this happened.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaints because he is not significantly, personally affected by them.
Investigator's decision on behalf of the Ombudsman