The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Mr X’s request for information as it is best dealt with by the Information Commissioner’s Office.
The complaint
Mr X complains the Council will not provide a copy of a letter he has requested and says this has caused him stress and inconvenience.
The Ombudsman’s role and powers
We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection/information rights. 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X made an information request to the Council but says he did not receive the Council’s response, which it says it sent to him. Mr X has asked the Council to send another copy of the letter in question but the Council has refused to do so, referring Mr X to the Information Commissioner’s Office (ICO).
The ICO is the UK’s independent regulator which upholds information rights in the public interest. It is best placed to assess the Council’s response to Mr X’s information request and 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