Summary: Mr X alleges the Council has failed to answer his request for information under the Freedom of Information Act properly. We will not investigate this complaint. This is because it is reasonable for Mr X to complain to the Information Commissioner’s Office as it is better placed to consider his complaint.

The complaint

1. Mr X complains that his request for information around the Council’s costs for Temporary Traffic Regulations Orders (TTROs) has not been answered properly. He says this has caused him time and trouble chasing up the Council answer his queries in full.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate this complaint. This is because it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices and achieve Mr X’s desired outcomes.
6. The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.

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Final decision

7. I will not investigate as the Information Commissioner is better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman