Summary: We will not investigate this complaint about how the Council dealt with the complainant’s request for information. This is because this matter is best dealt with by the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with her Freedom of Information (FOI) request. Mrs X says the Council has not provided all the information she requested and some of the information was amended before it was sent to her.

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The Ombudsman’s role and powers

2. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

4. Mrs X can complain to the Information Commissioner’s Office (ICO) if she is concerned about how the Council dealt with her request for information. The ICO is the independent body set up to uphold information rights and is best placed to deal with these concerns.
5. Mrs X says action should be taken as either one of her neighbours or the Council acted fraudulently. However, the Ombudsman cannot investigate allegations of crime, and this will be a matter for the police.

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Final decision

6. We will not investigate Mrs X’s complaint because her concerns are better dealt with by the ICO and criminal matters are for the police, not the Ombudsman.

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Investigator's decision on behalf of the Ombudsman