Summary: We will not investigate this complaint about the Council’s handling of requests for information. The Information Commissioner is better placed to consider and decide the matter.

The complaint

1. X complained the Council did not respond to her subject access and freedom of information requests properly.
2. X also said the appearance of some Council’s correspondence was misleading.
3. X wants the Council to properly process her subject access and freedom of information requests, and address procedural and ethical inconsistencies.

Back to top

The Ombudsman’s role and powers

4. 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))
5. 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)
6. 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.

Back to top

How I considered this complaint

7. I considered information provided by X.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to obey information rights legislation.
10. We will not investigate this complaint. Where someone has a complaint about information rights, the Ombudsman usually expects them to bring the matter to the attention of the ICO. The ICO is in a better position than the Ombudsman to consider such complaints. It is reasonable to expect X to approach the ICO.

Back to top

Final decision

11. We will not investigate X’s complaint because the Information Commissioner is better placed to consider and decide the matter.

Back to top

Investigator's decision on behalf of the Ombudsman