Summary: We will not investigate this complaint about the Council’s response to the complainant’s request for information. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to refer the matter to the Information Commissioner’s Office.

The complaint

1. The complainant, whom I refer to as Ms X, seeks the Ombudsman’s assistance in obtaining information/records from the Council about a grave plot where her relatives are buried.

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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 law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Information Commissioner's Office (ICO) 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

5. I considered information provided by Ms X, and our Assessment Code.

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My assessment

6. If Ms X believes the Council has not provided her with information it holds about the grave plot, then we would normally expect her to contact the ICO. This is because the ICO is the body with specific powers and expertise to consider the Council’s information handling practices.

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Final decision

7. We will not investigate Ms X’s complaint because it would be reasonable for her to bring her concerns to the attention of the ICO.

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Investigator's decision on behalf of the Ombudsman