Summary: We will not investigate this complaint that the Council has failed to supply information Mr X has requested from it about its enforcement of a penalty charge notice as this is best dealt with by the Information Commissioner’s Office.

The complaint

1. Mr X complains the Council has not supplied information he requested from it about its enforcement of a penalty charge notice. Mr X says the Council has told him it is not dealing with this as a request under the Freedom of Information Act.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of access to information and is best placed to assess whether the Council has properly dealt with Mr X’s request for information and whether he is entitled to see the information he has requested. As such, we will not investigate.

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Final decision

6. 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