Summary
Ms X alleges administrative failings related to the Council’s failure to provide information requested under the Freedom of Information Act. We will not investigate this complaint. This is because it is reasonable for Ms X to complain to the Information Commissioner’s Office as the most appropriate authority for her complaint.
The complaint
Ms X complains about the Council’s administrative failings around her request for information about fire safety compliance for residential buildings. She says this includes the Council’s failure to respond to her complaint made under stage one of the complaints procedure.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (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
We will not investigate this complaint. This is because it is reasonable for Ms X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the body with specific powers and expertise to investigate the Council’s information handling practices and achieve Ms X’s desired outcomes.
The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.
We will not investigate a complaint solely about the complaints procedure if we are not investigating the main issue. So, even if the Information Commissioner does not investigate all the alleged administrative failings in Ms X’s complaint, this does not mean that we would intervene.
Final decision
I will not investigate this complaint. It is reasonable for Ms X to complain to the office of the Information Commissioner which is the most suitable authority to consider her request for information.
Investigator's decision on behalf of the Ombudsman