The Ombudsman's final decision
Summary: We will not investigate this complaint about an information request as it is best dealt with by the Information Commissioner’s Office.
The complaint
Mr X complains the Council has not provided him with a copy of the assessment it carried out into the condition of the road where he lives. Mr X complains the road surface is poor and needs repair, but the Council has told him that no repairs are currently scheduled. Mr X is concerned about potential damage to his car.
The Ombudsman’s role and powers
We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about information rights. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner's Office (ICO) is the UK's independent regulator and upholds information rights in the public interest. It is best placed to deal with a complaint that the Council has not provided Mr X with the documents he has requested. As such, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is best dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman