Nuneaton & Bedworth Borough Council (21 014 492)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 27 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council has refused to deal with his freedom of information requests. It is reasonable for him to go to the Information Commissioner.
The complaint
- Mr X complains the Council has refused to deal with his freedom of information request arising from his concern about a planning matter. Mr X complains the Council is denying his legal rights by saying it will not consider further freedom of information requests from him. Mr X says the Council should apologise and sack anyone who has breached guidelines.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:
- we cannot achieve the outcome someone wants, or
- there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6))
- 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)
How I considered this complaint
- I have considered Mr X’s information and comments.
My assessment
- I will not investigate Mr X’s complaint. It is reasonable for him to go to the Information Commissioner if the Council fails to deal with a freedom of information request or delays in doing so or does not supply all the information requested. The Information Commissioner is the body established in law to deal with such matters and has the power to ensure the law is upheld.
- We cannot obtain the remedy which Mr X wants which is the dismissal of officers or members of the Council.
Final decision
- The Ombudsman will not investigate Mr X’s complaint that the Council has refused to deal with his freedom of information requests. It is reasonable for him to go to the Information Commissioner.
Investigator's decision on behalf of the Ombudsman