Brighton & Hove City Council (23 005 391)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 19 Jul 2023

The Ombudsman's final decision:

Summary: We will not investigate Miss B’s complaint that the Council has not provided information she requested. This is because it is reasonable for Miss B to complain to the Information Commissioner.

The complaint

  1. The complainant, who I will refer to as Miss B, complains that the Council has failed to provide information she requested under the Freedom of Information Act about building control inspections of her property.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. The Act says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)
  3. 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

  1. I considered information provided by Miss B.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss B may complain to the Information Commissioner about the Council not providing the information she requested. The Information Commissioner is in the best position to decide a complaint that a local authority has not complied with Freedom of Information legislation.
  2. I find it is reasonable for Miss B to complain to the Information Commissioner, and if needed, use her further right of appeal to the First Tier Tribunal. So, we will not investigate this complaint.

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Final decision

  1. We will not investigate Miss 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

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