Summary: Mr X complains that the Council has not responded promptly to a Freedom of Information request about a planning matter. The Ombudsman will not investigate this complaint because this is a matter for the Information Commissioner.

The complaint

1. Mr X complains that the Council has not responded promptly to a Freedom of Information request about a planning matter.

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The Ombudsman’s role and powers

2. 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.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered the complainant’s comments and he has had the opportunity to comment on the draft decision.

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What I found

5. Mr X made a Freedom of Information request to the Council in July 2019 for information about planned development near a nature reserve. He says that the Council did not respond to his question.
6. The Information Commissioner states that any request for advice should be responded to within 20 working days.
7. Any failure to comply with the law relating to the Freedom of Information Act is a matter for the Information Commissioner’s office and not for the Ombudsman.

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Final decision

8. I will not investigate this complaint because this is a matter for the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman