Summary: We will not investigate Mr X’s complaint about delays in the handling of his Freedom of Information request. The Information Commissioner’s Office (ICO) is the body best placed to consider the complaint.

The complaint

1. Mr X complains an organisation failed to respond to his Freedom of Information (FOI) request within the statutory timescales. He says he has repeatedly chased for updates, clarification and progress but has not received a response. He says the delay has affected an ongoing application which depends on the requested information.

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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. The law 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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X’s complaint is about the handling of his Freedom of Information (FOI) request, including delays in responding and a failure to provide a final response.
8. The Information Commissioner’s Office (ICO) is the specialist regulator responsible for considering complaints about compliance with freedom of information legislation. It can investigate whether the organisation has complied with statutory timescales and whether it has dealt with the request appropriately.
9. Mr X says he cannot submit an application due to a lack of information. We cannot determine what information should be disclosed in response to an FOI request, nor can we direct an organisation to release information.
10. As the ICO has the appropriate expertise and powers to consider these issues, it is reasonable for Mr X to pursue the matter with that organisation.

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Final decision

11. We will not investigate this complaint because the Information Commissioner’s Office is better placed to consider concerns about the handling of his Freedom of Information request.

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Investigator's decision on behalf of the Ombudsman