Rushmoor Borough Council (22 007 507)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 06 Sep 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about the Council not 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 for information rights.
The complaint
- The complainant, who I will refer to as Mr B, complains the Council has not replied to his request for information under the Freedom of Information Act.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B may complain to the Information Commissioner about the Council not replying to his request for information. The Information Commissioner is in the best position to consider complaints about whether an organisation has complied with freedom of information legislation.
- Also, Mr B may appeal a decision notice of the Information Commissioner to the tribunal for information rights.
- I find it is reasonable for Mr B to use this process to try to obtain the information he seeks. It is the role of the tribunal, not the Ombudsman, to decide such matters. So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for Mr B to complain to the Information Commissioner, and if needed, appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman