Sheffield City Council (22 010 404)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 18 Nov 2022
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council has failed to answer his Freedom of Information requests properly. He also complains about it not answering his complaint properly and release a report from a solicitor’s firm. We will not investigate this complaint. This is because it is reasonable for Mr X to complain to the Information Commissioner’s Office as the most appropriate authority for his complaint.
The complaint
- Mr X complains about the Council’s failure to answer his requests made under the Freedom of Information Act over several years and release a report written by a firm of solicitors. He also says the Council failed to respond to his complaint under its complaints procedures.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate this complaint. This is because it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices.
- The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.
- Further we would not investigate a complaint about the Council’s handling of the complaint under its complaint’s procedures if the substantive matter is best addressed by another agency.
Final decision
- I will not investigate this complaint. It is reasonable for Mr X to complain to the office of the Information Commissioner which is better placed.
Investigator's decision on behalf of the Ombudsman