Summary: We cannot investigate Ms X’s complaint about not being provided with information by the Council. The Information Commissioner’s Office decided on the matter while acting as a Tribunal, this puts it out of our jurisdiction. Ms X can appeal the Information Commissioner’s decision.

The complaint

1. Ms X complained the Council are not providing information she has requested about the use of an access point.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X asked the Council for information which it refused. Ms X made a complaint to the Information Commissioners Office (ICO) in March 2024.
6. The ICO provided Ms X with its decision acting as a tribunal in September 2024.
7. Ms X has a right of appeal to the First Tier Tribunal (Information Rights) if she is unhappy with the ICO decision.

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Final decision

8. We cannot investigate Ms X’s complaint because the Information Commissioner’s Office decided on the matter acting as a Tribunal. Ms X can appeal this decision.

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Investigator's decision on behalf of the Ombudsman