Summary: The Ombudsman will not investigate Mr X’s complaint about how the Council dealt with his request for information under the Freedom of Information Act. This is because the Information Commissioner’s Office is the appropriate body to consider his concerns.

The complaint

1. The complainant, whom I shall call Mr X, complains about the time the Council took to respond to his request for information under the Freedom of Information Act.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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)
3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about access to information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint

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What I found

5. Mr X complains about the time the Council took to respond to his request for information under the Freedom of Information Act. Mr X wanted the Council to provide a copy of a structural engineer’s report about damage to a wall which separates his home from a council property. Mr X says it took the Council ten months to provide the document.
6. The issue at the heart of Mr X’s complaint is to do with access to information. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes failing to disclose information someone is entitled to.
7. Where someone has a complaint about access to information, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. The ICO has far wider powers than the Ombudsman if it finds a council has failed in its duties as a data controller, including enforcement notices and fines. The Ombudsman has no such powers. Mr X should therefore contact the ICO because it is the appropriate body to deal with his concerns.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint. This is because the Information Commissioner’s Office is the appropriate body to consider his concerns.

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Investigator's decision on behalf of the Ombudsman