Lancashire County Council (20 010 451)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 19 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about the Council’s failure to respond to his freedom of information request. This is because Mr B may complain to the Information Commissioner, which is in the best position to consider the matter.
The complaint
- The complainant, who I will refer to as Mr B, complains the Council has not responded to his request for information under the Freedom of Information Act. Mr B would like the Council to: provide the information; explain the delay; say how it will improve its processes; and, apologise to him.
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 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 Mr B’s complaint form. I have also sent to Mr B a draft version of this statement and have considered his comments in response.
What I found
- We will not investigate Mr B’s complaint. This is because the Information Commissioner is in the best position to consider complaints about freedom of information requests. Mr B may complain to the Information Commissioner. Also, if the Information Commissioner issues a decision notice which Mr B is not satisfied with, Mr B may put in an appeal. I consider it is reasonable for Mr B to do this.
Final decision
- We will not investigate this complaint. This is because Mr B may complain to the Information Commissioner, which is in the best position to consider the matter.
Investigator's decision on behalf of the Ombudsman