The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council dealt with his information request. The Information Commissioner is better placed to deal with the matter.
The complaint
Mr X complains that the Council delayed dealing with his Freedom of Information (FoI) request and his subsequent complaints.
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)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint. The Information Commissioner’s Office (ICO) is better placed to consider complaints about how FoI requests are dealt with. It is therefore reasonable for Mr X to raise this matter with the ICO.
It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman