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, and if needed, appeal to the tribunal.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has delayed responding to his freedom of information request. Mr B says he needs this information to overturn a court decision.

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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 is in the best position to consider freedom of information complaints. Also, Mr B may appeal an Information Commissioner decision notice to the information rights tribunal. I find it is reasonable for Mr B to put in an appeal if needed.

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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