Summary: We will not investigate this complaint about the Council’s handling of a Freedom of Information request. This is because the Information Commissioner is better placed to look at complaints about a person’s information rights.

The complaint

1. X complained to us saying the Council had not responded to a Freedom of Information (FOI) request. X said this meant they were denied access to records, which delayed them accessing legal advice. X wants the Council to apologise and provide the records requested.

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The Ombudsman’s role and powers

2. 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))
3. We normally expect someone to refer the matter to the Information Commissioner (IC) 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)
4. Unlike the Ombudsman, the IC may carry out assessments on an organisation to ensure compliance with relevant FOI legislation. Additionally, they can tell an organisation to change or improve its practices to ensure compliance, serve a notice to issue it with specific information, or serve enforcement notices, where there has been a breach of legislation.

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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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Final decision

6. We will not investigate X’s complaint because the IC is a body better placed to consider X’s complaint.

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Investigator's decision on behalf of the Ombudsman