The Ombudsman's final decision
Summary: We will not investigate this complaint about a request for information, because the Information Commissioner’s Office is best placed to consider such complaints.
The complaint
Mr X complained that the Council did not properly respond to his request for information.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection.
(Local Government Act 1974, section 24A(6), as amended.)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he requested information from the Council, and the Council did not properly respond to his request and instead treated it as a complaint about it.
This is a matter best dealt with by the Information Commissioner’s Office (ICO). The ICO is best placed to deal with complaints about information requests.
Final decision
We will not investigate this complaint, because the ICO is best placed to deal with complaints about requests for information.
Investigator's decision on behalf of the Ombudsman