Summary: We will not investigate Mr B’s complaint about the Council’s handling of his freedom of information request. This is because it is reasonable for him to complain to the Information Commissioner.

The complaint

1. Mr B complains about the Council’s handling of his freedom of information request. Mr B says the Council refused his request and told him it would be publishing documents when in reality some emails would be deleted. Mr B says he has been denied documents he has a right to see and the Council has not responded to his complaint about this.

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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 Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B may complain to the Information Commissioner about the Council’s handling of his freedom of information request. The Information Commissioner is in the best position to decide whether the Council has complied with freedom of information legislation.
8. And, if needed, I find it is reasonable for Mr B to put in an appeal against a decision of the Information Commissioner to the First Tier Tribunal. So, we will not investigate Mr B’s complaint about the Council’s handling of his freedom of information request.
9. Because we are not investigating the substantive matter, an investigation solely into the Council’s handling of Mr B’s complaint would not be a good use of our limited resources.

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Final decision

10. We will not investigate Mr B’s complaint because it is reasonable for him to complain to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman