Summary: We will not investigate this complaint that the Council refused to accept a request for information over the telephone. This is because he has complained to the Information Commissioner who is best placed to investigate such matters.

The complaint

1. The complainant, who I will call Mr X, complains that the Council refused to accept his request for information over the telephone. Mr X subsequently complained to the Information Commissioner’s Office (ICO) and the Ombudsman.

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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. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. 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 information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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My assessment

7. I will not investigate this complaint. This is because Mr X has taken his complaint to the ICO who are best placed to consider complaints about how Council’s respond to information requests under data protection regulations.

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Final decision

8. I will not investigate this complaint. This is because Mr X has complained to the ICO who are best placed to deal with such complaints.

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Investigator's decision on behalf of the Ombudsman