Summary: We will not investigate this complaint about delay by the Council in responding to a request for information as this is best dealt with by the Information Commissioner's Office.

The complaint

1. Ms X complains the Council did not properly process her Freedom of Information (FOI) request, which has led to delay and to cause Ms X to have to chase this up with the Council.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Information Commissioner's Office (ICO) is the UK's independent authority that upholds information rights. It is best placed to assess the Council's response and to respond to the concerns Ms X raises. As such, we will not investigate.

Back to top

Final decision

7. We will not investigate Ms X’s complaint because it is best dealt with by the ICO.

Back to top

Investigator's decision on behalf of the Ombudsman