Summary: The Ombudsman will not investigate this complaint about the Council’s refusal to provide information to the complainant. The complainant can ask the Information Commissioner to consider the matter and appeal to a tribunal if necessary.

The complaint

1. The complainant, who I refer to here as Mr A, has complained the Council will not provide him with information under the Freedom of Information Act 2000.

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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. 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 considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So we normally consider it reasonable to expect the complainant to refer a complaint about freedom of information to the Information Commissioner.

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How I considered this complaint

5. I have considered what Mr A said in his complaint. He commented on a draft before I made this decision.

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What I found

6. Mr A says the Council will not provide him with information he has requested under the Freedom of Information Act 2000. He says the Council has refused under section 14(1) of the Act. This section allows a public body to refuse a request if it believes it to be vexatious.

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Final decision

7. I have decided we will not investigate this complaint. This is because Mr A can complain to the Information Commissioner’s Office and appeal to a tribunal if necessary.

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Investigator's decision on behalf of the Ombudsman