Summary: We will not investigate Ms B’s complaint that the Council has not provided information she requested. This is because it is reasonable for Ms B to complain to the Information Commissioner.

The complaint

1. Ms B complains the Council is refusing to provide specific information she has requested.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So 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

5. I considered information provided by Ms B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms B may request information from the Council under the Freedom of Information Act. If Ms B is not satisfied with the Council’s response, she may complain to the Information Commissioner, who is in the best position to decide freedom of information complaints. I find it is reasonable for Ms B to do this, and if needed, use the further right of appeal to the tribunal.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Ms B’s complaint because it is reasonable for her to complain to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman