Trent Valley Internal Drainage Board (24 019 160)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 05 Mar 2025

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Authority’s response to his Freedom of Information request. This is because the Information Commissioner’s Office is better suited to consider the complaint.

The complaint

  1. Mr X complained the Council failed to respond to his Freedom of Information (FOI) request.
  2. Mr X said the matter caused him distress and frustration.
  3. Mr X wants the Authority to provide the information he requested.

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The Ombudsman’s role and powers

  1. 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))
  2. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). 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.

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How I considered this complaint

  1. I considered information provided by the complainant and the Authority.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We will not investigate Mr X’s complaint about the Authority’s response to his FOI request. This is because the Information Commissioner’s Office is better placed to consider the matter. I have seen no good reason the Ombudsman should investigate in place of the ICO, and therefore we will not investigate this complaint.

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Final decision

  1. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman

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