Summary: We will not investigate Ms X’s complaint about the Council’s response to her information request. This Information Commissioner’s Office is better placed to consider a complaint about access to information.

The complaint

1. Ms X complains the Council provided an inadequate response to her request for information. She says this has caused frustration and distress.

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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. 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.

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How I considered this complaint

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

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My assessment

6. We will not investigate this complaint. The Information Commissioner’s Office considers complaints about data protection and access to information. It is better placed to consider Ms X’s complaint.

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Final decision

7. We will not investigate Ms X’s complaint because the Information Commissioner’s Office is better placed to consider it.

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Investigator's decision on behalf of the Ombudsman