Summary: We will not investigate this complaint that the Council has refused to provide Mr X with information he has requested about Covid-19 lockdown policies. This is because the complaint is made late, and it is also best dealt with by the Information Commissioner’s Office.

The complaint

1. Mr X complained that the Council has not responded to requests for information he made to it about lockdown policies, more than three years ago. Mr X wants the Council to provide this information.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X’s complaint is made late to us as he has not complained to us within a year of him knowing about the problem. I do not consider there are good reasons for us to investigate this late complaint now.
8. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It is best placed to assess whether the Council holds the information Mr X has requested and whether Mr X is entitled to see it.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because it is made late and is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman