Corby Borough Council (20 008 852)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 11 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s response to his request for information. This is because the Information Commissioner’s Office is the appropriate body to consider Mr X’s complaint.
The complaint
- The complainant, whom I shall call Mr X, complains about the Council’s response to a request for information made under the freedom of information act.
The Ombudsman’s role and powers
- 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)
- 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). 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 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.
What I found
- Mr X has asked the Council for information about a development in the Council’s area which it granted planning permission for. The Council has responded to Mr X, but he is unhappy with the Council’s response.
- 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 somebody is entitled to.
- There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about freedom of information requests, we usually expect 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. It has much wider powers to act if it finds a council has failed in its duties as a data controller. Mr X should therefore approach the ICO about his concerns.
Final decision
- We will not investigate Mr X’s complaint. This is because the Information Commissioner’s Office is the appropriate body to consider Mr X’s complaint.
Investigator's decision on behalf of the Ombudsman