Summary: We will not investigate this complaint about the Council’s responses to requests for information about a proposed traffic scheme in Ms X’s locale. This is because an investigation is unlikely to add to that already carried out by the Council and complaints about Freedom of Information requests are best dealt with by the Information Commissioner.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s responses to her requests for information made in connection with a proposed traffic scheme which will directly affect her and her family. She says the FOI process was not properly followed and her questions were not properly answered.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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.

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2021 the Council carried out public consultation with residents about a proposed new traffic scheme in their area. A year later it wrote to residents informing them of the outcome of the consultation, referring them to reports on the Council’s website and notifying them of an Information Event taking place about the scheme.
7. Having first contacted the Council in early 2022 with queries about the proposed scheme, and having made FOI requests, Ms X made a formal complaint to the Council about its handling of its responses to her. The Council acknowledged that it had been at fault in not providing the information in a timely manner and that it had not kept her informed of its progress in obtaining the information she had requested. It also explained there had been some miscommunication with regard to information about a parking survey. It apologised for this but satisfied itself it had provided the information requested.
8. While the above fault is noted, an investigation by the Ombudsman would not usefully add to the Council’s own investigation or lead to a different outcome.
9. If Ms X is dissatisfied with the Council’s response to her FOI requests she can complain to the Information Commissioner, the body best placed to deal with such matters.

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Final decision

10. We will not investigate Ms X’s complaint because an investigation is unlikely to add to that already carried out by the Council and complaints about Freedom of Information requests are best dealt with by the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman