Somerset Council (25 031 460)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 16 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s response to his request for information. The Information Commissioner’s Office is better placed to consider this complaint.
The complaint
- Mr X complains the Council failed to answer his questions or provide the information he requested related to planned roadworks in his area.
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. 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.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate this complaint. Since bringing his complaint to us, the Council has provided Mr X with additional information through its access to information procedures. If Mr X is unhappy with the Council’s response, it is reasonable for him to refer the matter to the Information Commissioner.
- We will also not investigate the Council’s complaints handling. It is not a good use of public resources to do so, when we are not investigating the substantive matters.
Final decision
- We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman