Spelthorne Borough Council (20 007 754)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 05 Jan 2021
The Ombudsman's final decision:
Summary: Mr X complains the Council will not let him see an email, which Mr X considers to be malicious, sent to it by a neighbour. The Ombudsman will not investigate as this matter is best dealt with by the Information Commissioner’s Office.
The complaint
- Mr X complains the Council will not let him see an email, which Mr X considers to be malicious, sent to it by a neighbour.
The Ombudsman’s role and powers
- 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.
How I considered this complaint
- I have considered what Mr X said in his complaint and I have sent him my draft decision on it for his comments.
What I found
- Mr X complains the Council will not let him see an email, which Mr X considers to be malicious, sent to it by a neighbour.
- Mr X says the Council has said it cannot send it to him as it contains third party information. Mr X does not consider this is a valid reason to withhold it.
- The Information Commissioner’s Office (ICO) is the UK’s independent authority which upholds information rights. It is best placed to deal with this matter and we will therefore not investigate.
Final decision
- My decision is that the Ombudsman will not investigate this complaint. This is because it is best dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman