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 not responded to his freedom of information request made in November 2021. Mr B also complains the Council has not responded to his complaint about the matter. Mr B says he needs this information to inform his response to the Council’s Local Plan consultation.

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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 law 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. We will not investigate Mr B’s complaint that the Council has not responded to his freedom of information request. This is because Mr B may complain to the Information Commissioner, who is in the best position to decide complaints about freedom of information. I find it is reasonable for Mr B to do this, and if needed, appeal to the first tier tribunal.
8. Because we are not investigating the substantive matter, an investigation solely into the Council’s handling of Mr B’s complaint is not justified.

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Final decision

9. 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