London Borough of Harrow (25 012 993)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 31 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Freedom of Information request. We consider it reasonable for Mr X to complain to the Information Commissioner’s Office.
The complaint
- Mr X submitted a Freedom of Information (FOI) request to the Council. He complains the Council has failed comply with the request within the statutory time frame. He also says the Council has not responded to his follow-up complaints about its lack of communication.
The Ombudsman’s role and powers
- 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))
- The Information Commissioner's Office (ICO) 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.
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- This complaint is about a failure to comply with an FOI request, and it would be reasonable to expect Mr X to take his complaint to the ICO which has specific powers to address it.
- It is not a good use of public resources to investigate complaints about complaint procedures, if we are not going to deal with the substantive issue.
Final decision
- We will not investigate Mr X’s complaint because it reasonable for him to take his complaint to the ICO.
Investigator's decision on behalf of the Ombudsman