Summary: Mr X and Mrs Y complain about the way the Council has dealt with their requests for information. We will not investigate. This is because this complaint does not meet the tests set out in our Assessment Code on which complaints we should investigate. It is reasonable for Mr X and Mrs Y to complain to the Information Commissioner’s Office as it is better placed to investigate.

The complaint

1. Mr X and Mrs Y complain about the way the Council has dealt with their Subject Access Requests for information. They both say the Council is preventing them from accessing information to enable their land rights.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

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

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My assessment

5. We will not investigate this complaint. This is because it is reasonable for Mr X and Mrs Y to refer the matter to the Information Commissioner’s Office (ICO). The ICO has specific powers to investigate so it is better placed.

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Final decision

6. I will not investigate this complaint as the Information Commissioner is better placed.

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Investigator's decision on behalf of the Ombudsman