Birmingham City Council (24 006 003)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 17 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s request for information. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as this is a matter best dealt with by the Information Commissioner’s Office.
The complaint
- Mr X has complained about how the Council dealt with his request for information. He says there have been delays and the Council has failed to provide the requested information.
The Ombudsman’s role and powers
- 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 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))
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Mr X’s complaint because he can complain to the Information Commissioner’s Office (ICO) if he is concerned about how the Council has dealt with his request for information. The ICO is the independent body set up to uphold information rights and is best placed to deal with Mr X’s concerns.
Investigator's decision on behalf of the Ombudsman