The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about a Freedom of Information request. This is because it is reasonable for Mr B to complain to the Information Commissioner, and if needed, appeal to the tribunal.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has not provided information he requested under the Freedom of Information Act. Mr B also complains that the Council has not responded to his complaint about this.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) 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
Mr B may complain to the Information Commissioner about the Council not providing the information he has requested under the Freedom of Information Act. If Mr B disagrees with a decision notice issued by the Information Commissioner, Mr B may appeal to the tribunal. I find it is reasonable for Mr B to do this. It is not the role of the Ombudsman to decide whether a public body has complied with the Freedom of Information Act.
Mr B also complains that the Council has not responded to his complaint. But, it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. So, we will not investigate this part of Mr B’s complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to complain to the Information Commissioner, and if needed, appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman