Summary
Mr X says the Council has failed to answer his Freedom of Information request properly. We will not investigate this complaint. This is because it is reasonable for Mr X to complain to the Information Commissioner’s Office as the most appropriate authority for his complaint.
The complaint
Mr X complains about the Council’s failure to answer his request made under the Freedom of Information Act.
Mr X asked the price of land the Council sold to a developer. The Council has responded to say the answer is already in the public domain. Mr X says this is untrue and he need the answer for his investigation.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. 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)
How I considered this complaint
I considered information provided by the complainant.
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 the matter 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 and achieve Mr X’s desired outcomes.
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, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.
Final decision
I will not investigate this complaint. It is reasonable for Mr X to complain to the office of the Information Commissioner which is better placed.
Investigator's decision on behalf of the Ombudsman