Summary: The Ombudsman will not investigate this complaint about how the Council handled a complaint. This is because it would not be a good use of resources to investigate complaint-handling in isolation.

The complaint

1. Mr X complains the Council did not properly investigate his complaint about how the Council handled his requests for information. He states this caused him upset, distress and considerable annoyance.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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.
4. 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)
5. We provide a free service but must use public money carefully. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

6. I considered the information Mr X provided and some copy correspondence between Mr X and the Council that the Council sent us. I gave Mr X the opportunity to comment on my draft decision.

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What I found

7. Mr X states the Council made ‘cynical excuses’ to avoid releasing information requested under the Freedom of Information Act (FOI) and the General Data Protection Regulation (GDPR). Mr X complained to the Council about that. He is dissatisfied with the Council’s investigation of that complaint.
8. As this is a complaint about complaint-handling, the point in paragraph 5 above applies. Here, the substantive issue giving rise to Mr X’s complaint to the Council was the Council’s handling of FOI and GDPR matters. Anyone who believes a council has not acted properly on those matters can go to the Information Commissioner. As paragraphs 3 and 4 explained, we normally expect people to use that right, as the Information Commissioner has the power to decide such matters and take appropriate action. I understand Mr X is aware he can contact the Information Commissioner. So I shall not investigate the substantive question of whether the Council dealt properly with FOI and GDPR matters.
9. As I am not investigating that substantive question, it would be a disproportionate use of the Ombudsman’s resources to investigate the Council’s handling of any complaint about the matter. So I shall not investigate whether the Council dealt properly with Mr X’s complaint.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because the Information Commissioner is better placed to consider the Council’s handling of FOI and GDPR matters and it would be disproportionate for the Ombudsman to investigate the Council’s complaint-handling in isolation.

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Investigator's decision on behalf of the Ombudsman