The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s spending of public money as this impacts all or most of the people in the Council’s area and so is not within our legal remit.
The complaint
Mr X complains about what the Council says it spends on refuse bins and that it has failed to supply him with financial records he has requested about this. Mr X is concerned public money is being managed inefficiently or dishonestly.
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/information rights. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
How public money is spent by a council impacts all or most of the people in that council area and such complaints are not within our remit, as per paragraph two. This is such a complaint, and we cannot therefore investigate.
The Information Commissioner’s Office (ICO) is the UK's independent regulator in respect of information rights and is best placed to consider the Council's response to Mr X’s information requests.
Mr X can raise any concerns he has about Council spending with the Council’s independent auditor
Final decision
We cannot investigate Mr X’s complaint about public spending because it impacts all or most of the people in the Council's area and as such is not within our legal remit. Mr X’s complaint about access to information is best dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman