Canterbury City Council (22 008 232)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 20 Sep 2022
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint that the Council has not provided documents she requested under the Freedom of Information Act. This is because it is reasonable for Mrs B to complain to the Information Commissioner, and if needed, put in an appeal to the tribunal for information rights.
The complaint
- The complainant, who I will refer to as Mrs B, complains the Council has not provided documents she requested 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 Mrs B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs B may complain to the Information Commissioner that the Council has not provided the documents she requested. The Information Commissioner is in the best position to decide whether the Council has complied with freedom of information legislation. Also, Mrs B may appeal a decision notice made by the Information Commissioner to the tribunal for information rights.
- I find it is reasonable for Mrs B to use this process to try to obtain the documents she has requested. It is the role of the tribunal to decide such complaints and it is not the role of the Ombudsman to provide an alternative right of appeal. So, we will not investigate this complaint.
Final decision
- We will not investigate Mrs B’s complaint because it is reasonable for her to complain to the Information Commissioner, and if needed, appeal to the tribunal for information rights.
Investigator's decision on behalf of the Ombudsman