The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s response to his information requests. This is because it is reasonable for Mr X to complain to the Information Commissioner’s Office.
The complaint
Mr X complains the Council has not provided him with the information he asked for.
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 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.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X raised a Freedom of Information (FOI) request with the Council in October 2023 asking how many times the Council had challenged information provided by the Department of Work and Pensions (DWP). The Council explained it does not hold this information and therefore could not share it with him.
Mr X asked the Council to complete an internal review of their response. The Council found Mr X’s request was dealt with correctly.
I will not investigate this complaint because Mr X can refer his concerns to the Information Commissioner’s Office (ICO). They are better placed to consider the matter.
Final decision
We will not investigate Mr X’s complaint because it is better dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman