Devon County Council (23 018 797)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 26 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with a freedom of information request. This is because it is reasonable for them to refer the matter to the Information Commissioner and then, if needed, to a tribunal.
The complaint
- Mr X complains about how the Council dealt with his request for information under the Freedom of Information Act. Mr X says the Council made a variety of reasons not to provide him with the information he requested.
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 law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Mr X’s complaint. This is because it is about how the Council responded to his request for information under the Freedom of Information Act. It would therefore be reasonable for him to raise this matter with the Information Commissioner and if needed to the First Tier Tribunal. These bodies are in the best position to consider how requests for information under the Freedom of Information Act are dealt with.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to refer the matter to the Information Commissioner and then to a tribunal.
Investigator's decision on behalf of the Ombudsman