Summary: We will not investigate Mr B’s complaint about the Council’s delay responding to his freedom of information request. This is because it is reasonable for Mr B to complain to the Information Commissioner.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has taken too long to respond to his freedom of information request. Mr B would like the Council to provide the information he requested.

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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 considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B may complain to the Information Commissioner about the Council’s delay providing information he requested. The Information Commissioner enforces freedom of information legislation and is in the best position to consider Mr B’s complaint. Mr B may also appeal to the information rights tribunal if he disagrees with a decision notice issued by the Information Commissioner. I find it is reasonable for Mr B to do this.

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Final decision

8. We will not investigate Mr B’s complaint because it is reasonable for him to complain to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman