Burnley Borough Council (23 015 232)
Category : Planning > Building control
Decision : Closed after initial enquiries
Decision date : 08 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council is delaying in responding to requests for information. This is because the Information Commissioner is the suitable body to consider this matter.
The complaint
- Mr X complains about delays in the Council’s responses to his companies requests for information.
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 and Environmental Information Regulations (EIR). Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about freedom of information or EIR, 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 Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate this complaint. This is because it is reasonable for Mr X to refer his complaint to the information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices.
- The Information Commissioner’s Officer has powers – which the Ombudsman does not – to require compliance with the Freedom of Information Act, Environmental Information Regulations, and the UK General Data Protection Regulations. It can consider whether the Council has responded in line with its information rights obligations.
Final decision
- We will not investigate Mr X’s complaint because it is appropriate for him to ask the ICO to consider his concerns.
Investigator's decision on behalf of the Ombudsman