Summary: We will not investigate Mrs X’s complaint about how the Council dealt with her requests for information. This is because the Information Commissioner is better placed to consider this matter.

The complaint

1. Mrs X complains about how the Council responded to her request for information under Environmental Information Regulations (EIR).

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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 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))
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 the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mrs X’s complaint about how the Council responded to her requests for information under EIR. The Information Commissioner's Office (ICO) is the UK's independent authority on information rights matters including the EIR. It is better placed to determine if the Council has responded correctly to Mrs X’s requests.

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Final decision

7. We will not investigate Mrs X’s complaint because the ICO is better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman