Summary: We will not investigate this complaint about how the Council has dealt with Mr X’s freedom of information requests. This is because the Information Commissioner is better placed to consider the matter.

The complaint

1. Mr X complains that the Council has failed to properly deal with his freedom of information requests and that it refuses to deal with his complaints about these matters under its complaints procedure.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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.

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. I will not investigate Mr X’s complaint. The Information Commissioner’s Office (ICO) is better placed to consider complaints about how public bodies deal with freedom of information requests and therefore it is reasonable for Mr X to raise his complaint with the ICO.
7. 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. However, I do note that the Council has considered the matter under its internal review process before signposting Mr X to the ICO. This is the correct process, and we wouldn’t expect the Council to also consider a complaint under its complaints process.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because the ICO is better placed to consider the matter.

Back to top

Investigator's decision on behalf of the Ombudsman