London Borough of Brent (26 003 316)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 05 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of a Freedom of Information Act request and its review. The Information Commissioner is better placed to consider and decide information rights complaints.
The complaint
- Mr X complains that the person who reviewed his Freedom of Information (FoI) request was not independent.
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 considers complaints about freedom of information. 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 the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Freedom of Information Act is intended to promote openness and accountability by public sector bodies. It gives people rights of access to non-personal information about how an organisation operates and makes decisions.
- The Information Commissioner’s Office (ICO) enforces this legislation. The ICO upholds information rights by promoting openness by public bodies and protecting the privacy of individuals.
- We will not investigate this complaint. The ICO considers and decides complaints about freedom of information, and it is reasonable to expect Mr X to complain to it.
Final decision
- We will not investigate Mr X’s complaint because the ICO is better placed to consider and decide complaints about information rights.
Investigator's decision on behalf of the Ombudsman