Summary: We will not investigate this complaint about the Council’s handling of a freedom of information request. There is another body better placed to consider Mr X’s complaint about the Council’s actions here.

The complaint

1. Mr X said the Council were responsible for significant procedural failings in relation to transparency and accountability, because of the way it responded to his request for information, as part of a freedom of information (FOI) request.
2. Mr X was also unhappy the Council would not accept a complaint about this matter, through its corporate complaint handling procedures.
3. Mr X said the Council’s actions has caused him frustration and concern about how accessible the Council are.

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The Ombudsman’s role and powers

4. 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))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X asked the Council for information under an FOI request, relating to land, specifically about public health and regulatory considerations. Mr X said he was seeking this information as a concerned member of the public and expected an investigation by us would improve the Council’s FOI procedures. The Council told us it is still considering Mr X’s FOI request.
8. We will not investigate this complaint. The Information Commissioner’s Office is a body that is better suited to consider Mr X’s complaint about his FOI request.
9. Mr X also said the Council was wrong not to have considered his concerns about this matter, as a formal complaint, and deal with it under its corporate complaint procedures. We will not investigate this part of Mr X’s complaint, because it is not a good use of public resources to investigate complaint handling concerns, where we are not looking at the substantive issues.

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Final decision

10. We will not investigate Mr X’s complaint, because there is another body better placed to consider his complaint.

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Investigator's decision on behalf of the Ombudsman