Summary
Mr X says the Council has failed to respond to his request for information made over six months ago. We will not investigate. This is because this complaint does not meet the tests set out in our Assessment Code on which complaints we should investigate. It is reasonable for Mr X to complain to the Information Commissioner’s Office as it is better placed to investigate.
The complaint
Mr X complains about the Council’s failure to provide the information he first requested in March 2024. He would like the Council to action his request, apologise, provide a financial remedy, and improve its procedures.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We investigate complaints about ‘maladministration’ and ‘service failure’. 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. And I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. This is because it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices.
The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require Councils to comply with information rights requests. So, it can consider whether the Council has responded in line with its legal duties.
Final decision
I will not investigate this complaint as the Information Commissioner is better placed.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman