Summary: We will not investigate this complaint about a delay by the Council in responding to a Freedom of Information request. This is because it is a matter for the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council delayed responding to a Freedom of Information (FOI) request. He made the request in June and received the final document in February. Mr X submits the Council acted in an underhand manner to support a third party and he wants the Council to acknowledge this.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start 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))
3. We normally expect someone to refer the matter to the Information Commissioner (ICO) if they have a complaint about data protection/FOI. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and our Assessment Code.

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My assessment

5. Mr X complains the Council delayed responding to a FOI request and caused him stress and extra work. Mr X contacted the ICO while the Council was processing the FOI request. Mr X says he made the FOI request in June and received the final document in February.
6. I will not start an investigation because this is a matter for the ICO. It is reasonable to expect Mr X to contact the ICO because it is the correct body to deal with complaints about FOI requests and because Mr X has already contacted the ICO. If the ICO finds the Council did not respond correctly there are a range of actions it can take including requiring an organisation to take action to improve compliance, issuing recommendations and requiring an organisation to take specific steps.

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Final decision

7. We will not investigate this complaint because Mr X can complain to the ICO.

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Investigator's decision on behalf of the Ombudsman