Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s responses to her Freedom of Information (FOI) requests regarding covenants on a local plot of land. The body set up to consider FOI matters is the Information Commissioner’s Office (ICO). It is reasonable to expect Mrs X to make her complaint to the ICO.

The complaint

1. Mrs X’s complaint is about information she considers should be held by the Council. The information is about covenants on a local parcel of land. Mrs X has made a Freedom of Information (FOI) request to the Council.
2. Mrs X complains the Council has failed to provide her with the information she requested under the FOI legislation.
3. Mrs X wants the Council to do the required searches and give her the information she requested.

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The Ombudsman’s role and powers

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 the Ombudsman receives complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the ICO.

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How I considered this complaint

5. As part of my assessment I have:
• considered the complaint and the documents provided by Mrs X;
• issued a draft decision, inviting Mrs X to reply.

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What I found

6. Mrs X is concerned about the future use of a piece of local land. She believes there are covenants on the land which place limitations on its use. The land is being considered for possible residential use.
7. Mrs X made an FOI request to the Council, asking for documents about the covenant. Mrs X says the Council is unwilling to do the required searches for the information, and has not provided it to her in its FOI response.
8. The ICO is the national organisation set up to consider matters of compliance with, or breaches of, FOI law and guidance. If the ICO finds a breach, it may require a body subject to the FOI legislation to take action, such as sending the complainant the information they requested.
9. I consider Mrs X’s complaint is a matter for the ICO. It is reasonable for Mrs X to complain to the ICO to seek the outcome she wants.

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Final decision

10. The Ombudsman should not investigate this complaint. This is because it is a matter for the ICO.

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Investigator's decision on behalf of the Ombudsman