Summary: We will not investigate this complaint about the Council’s response to an information request as it is best dealt with by the Information Commissioner’s Office.

The complaint

1. Mr X complains about delay in the Council providing him with road maintenance records he had requested from it after his car was damaged by a pothole.

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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. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection/information rights. However, we may decide to investigate if we think there are good reasons. (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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. My understanding is that the Council has now supplied the information Mr X requested. However, if Mr X is dissatisfied with what was provided or about the Council’s handling of the matter, then this is best addressed by the Information Commissioner’s Office (ICO). It is the UK’s independent regulator in respect of information rights and is best placed to address any remaining concerns Mr X may have. As such, we will not investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman