Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s failure to respond to his freedom of information request. This is because it would be reasonable for Mr X to put the matter to the Information Commissioner.

The complaint

1. The complainant, Mr X, complains the Council has failed to respond to his ‘freedom of information’ request.

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The Ombudsman’s role and powers

2. 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

3. I reviewed Mr X’s complaint, shared my draft decision with him and invited his comments.

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What I found

4. Mr X made a freedom of information request in April 2019 but complains the Council has still not properly responded. He wants the Council to respond to his request, apologise and pay him compensation.
5. The Ombudsman will not investigate this complaint. The Information Commissioner deals with complaints about freedom of information and it is better placed to consider this matter and to direct the Council to release the information requested, if it considers it appropriate. I have seen nothing to suggest it would not be reasonable for Mr X to take the matter to the Information Commissioner and I do not therefore propose to exercise our discretion to investigate the complaint.

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Final decision

6. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman