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

The complaint

1. The complainant, who I will refer to as Dr B, complains that the Council has not responded within the required timeframe to her request for information under the Freedom of Information Act.

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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 Dr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Dr B may complain to the Information Commissioner about the Council’s delay providing the information she requested. The Information Commissioner is in the best position to decide freedom of information complaints. I find it is reasonable for Dr B to do this, and if needed, use her right of appeal to the First Tier Tribunal. So, we will not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman