Summary: We will not investigate Mr X’s complaint about a Freedom of Information Request. It would be reasonable for Mr X to raise his concerns with the Information Commissioner’s Office.

The complaint

1. Mr X complains the Council have failed to provide information requested under the Environmental Information Regulations.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 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 normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. 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 I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X requested information from the Council under the Environmental Information Regulations.
6. Mr X complains the Council have failed to provide the requested information.
7. We will not investigate this complaint about Mr X’s right to access information. Complaints about such matters are best considered by the Information Commissioner’s Office (ICO).

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Final decision

8. We will not investigate Mr X’s complaint. It would be reasonable for Mr X to raise his concerns with the ICO.

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Investigator's decision on behalf of the Ombudsman