The Ombudsman's final decision
Summary: We will not investigate this complaint about how a Council has dealt with a Freedom of Information Act request because it is reasonable to expect Mr X to approach the Information Commissioner.
The complaint
Mr X complained the Council has not responded to his Freedom of Information (FOI) Act request within the required timescale.
Mr X also says the Council has not acted on his request for an Internal Review.
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)
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 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.
Final decision
We will not investigate this complaint. The Information Commissioner can better consider the complaint, and it is reasonable to expect Mr X to approach them.
Investigator's decision on behalf of the Ombudsman