The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council has not provided information he requested. This is because it is reasonable for Mr B to complain to the Information Commissioner.
The complaint
Mr B complains the Council has not provided information he requested under the Freedom of Information Act. Mr B is concerned the Council is wasting public money.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B may complain to the Information Commissioner about the Council not providing the information he requested. The Information Commissioner is in the best position to decide freedom of information complaints.
I find it is reasonable for Mr B to complain to the Information Commissioner, and if needed, put in an appeal to the tribunal.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to complain to the Information Commissioner.
Investigator's decision on behalf of the Ombudsman