Summary: The Ombudsman will not investigate Mr B’s complaint the Council has failed to reply to his request for information under the Freedom of Information Act and has failed to explain whether it will meet the requirements of the Equality Act. There are other organisations better placed to consider the complaints Mr B has raised.

The complaint

1. The complainant, whom I shall call Mr B, asked the Council to respond to his request for information about the reasonable adjustments it planned to make for disabled people using diesel cars in a proposed Clean Air Zone. Mr B complains the Council has failed to reply to his request and has failed to explain whether the requirement of the Equality Act have been or will be met.

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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. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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)
5. 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

6. I have considered the information Mr B provided and the Ombudsman’s role and powers. I sent a draft decision to Mr B and considered the comments he made in reply before I made my final decision.

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What I found

7. Whether the Council has complied with its duty to provide information under the Freedom of Information Act is a matter for the Information Commissioner rather than the Ombudsman. It is reasonable to expect Mr B to raise his complaint with the ICO as it has powers to investigate such complaints and to require compliance with the Freedom of Information Act.
8. The Council has not yet decided on a final Clean Air Zone scheme and has said it will consult before it makes a final decision. Mr B wants the Council to explain whether the final scheme would meet the requirements of the Equality Act. The Ombudsman will not investigate this complaint because there is no final decision to complain about. Mr B can respond to the consultation and set out what reasonable adjustments he considers the Council should make for disabled people under the scheme.
9. When the Council sets out the detail of the Clean Air Zone, Mr B can raise a complaint if he considers the Council has failed to make reasonable adjustments for disabled people. At that stage, it may be more appropriate for Mr B to raise his concerns with the Equality and Human Rights Commission as this organisation enforces equality legislation.

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Final decision

10. The Ombudsman will not investigate this complaint. There are other organisations better placed to consider the complaints Mr B has raised.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman