The Ombudsman's final decision
Summary: We will not investigate this complaint about access to information. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is because the Information Commissioner’s Office is better placed to consider this matter.
The complaint
The complainant, I shall call Mr D complains the Council has failed to respond to his request for CCTV footage from a refuse truck.
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) We do not start or may decide not to continue with an investigation if we decide: there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) 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 D and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr D’s complaint. The ICO is the UK’s independent authority set up to uphold information rights.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about access to information the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints.
Investigator's decision on behalf of the Ombudsman