The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s response to a Freedom of Information request. The Information Commissioner’s Office is better placed to consider this complaint.
The complaint
Mr X said the Council’s response to his freedom of information request (FOI) was inadequate, but it dismissed his concerns. He said he made a formal complaint, but the Council did not respond.
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 impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was unhappy with the Council’s response to his freedom of information request (FOI). The Information Commissioner’s Office (ICO) is better placed to consider Mr X’s complaint and it is reasonable for him to refer the matter to the ICO.
Due to limited resources, we do not investigate complaints handling where we are not investigating the underlying matter. Therefore, we will not consider Mr X’s complaint further.
Final decision
We will not investigate Mr X’s complaint because there is another body better placed to consider it.
Investigator's decision on behalf of the Ombudsman