Summary: We will not investigate Mr B’s complaint that the Council has not provided the information he requested under the Freedom of Information Act 2000. This is because Mr B may complain to the Information Commissioner, which is in the best position to consider the matter. Also, if needed, Mr B may put in an appeal against a decision notice issued by the Information Commissioner.

The complaint

1. The complainant, who I will refer to as Mr B, complains about the Council’s response to his freedom of information request about a proposed Controlled Parking Zone. Mr B says the Council in effect shut down his request by saying the information is in the public domain so it did not need to respond. Mr B says the Council has not provided the information he requested or undertaken a review of its response. Mr B would like the Council to respond to his freedom of information request properly and investigate the behaviour of its members and officers.

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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 Act 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 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.

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How I considered this complaint

5. I have considered Mr B’s letter of complaint and the supporting information he sent. I have also shared a draft version of this statement with Mr B and invited his comments in response.

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What I found

6. The Information Commissioner is in the best position to consider complaints about requests for information under the Freedom of Information Act. Mr B may complain to the Information Commissioner. Also, if Mr B disagrees with an Information Commissioner decision notice, he may put in an appeal to the tribunal for Information Rights. I find it is reasonable for Mr B to do this.

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Final decision

7. We will not investigate this complaint. This is because Mr B may complain to the Information Commissioner, and if needed, appeal to the tribunal for information rights.

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Investigator's decision on behalf of the Ombudsman