Summary: We will not investigate this complaint about the Council’s response to his request for information. This is because the Information Commissioner deals with complaints about Freedom of Information requests.

The complaint

1. Mr X complains the Council refused to tell him how many computer terminals were available in its library. Mr X says the Council has discriminated against him on the basis of his disability and race. He says the Council’s actions have caused him significant distress.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
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.

Back to top

How I considered this complaint

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

Back to top

My assessment

6. If Mr X is unhappy with the Council’s response to his request for information he may complain to the Information Commissioner’s Office (ICO). Its decision may be appealed at a Tribunal. I see no reason why Mr X cannot raise a complaint with the ICO.

Back to top

Final decision

7. We will not investigate Me X’s complaint because he can complain to the Information Commissioner’s officer about the Council’s response to his request for information.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman