Summary: Mr X complains about the way the Council dealt with his FOI request about council tax charging. We will not investigate. This is because this complaint does not meet the tests set out in our Assessment Code on which complaints we should investigate. It is reasonable for Mr X to complain to the Information Commissioner’s office as it is better placed to investigate.

The complaint

1. In short, Mr X says the Council failed to deal properly with his request made under the Freedom of Information Act.
2. Mr X is concerned with a lack of itemised breakdown for his council tax charges.

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The Ombudsman’s role and powers

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

5. I considered information provided by the complainant. And I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate this complaint. This is because it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the regulator for information rights, and it is best placed to consider whether the Council has responded in line with its legal obligations under the Freedom of Information Act.

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Final decision

7. I will not investigate this complaint as the Information Commissioner is better placed.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman