The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with the complainants requests for information. This is because the Council has provided Mr X with a response and there is therefore no fault in how it has dealt with the matter. If Mr X feels the Council is withholding information, he may raise this matter with the Information Commissioner.
The complaint
The complainant, who I will call Mr X, complains that the Council has failed to properly respond to his requests for information about what consent is required for the storage of hazardous materials. This question relates to an ongoing planning application for a business close to Mr X’s home.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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
I will not investigate Mr X’s complaint. He has asked the Council several questions about the role of the Council in regard to granting consent for the storage of hazardous substances. Mr X feels the Council is failing to provide the information he seeks.
I will not investigate Mr X’s complaint because there is no evidence of fault in how the Council has dealt with the matter. This is because it has provided a response to each of the questions Mr X raised. If Mr X feels the Council are withholding information from him, it would be reasonable to expect him to complain to the Information Commissioner who is better placed to deal with complaints about how bodies respond to requests for information.
Final decision
We will not investigate Mr X’s complaint because there is no evidence of fault, and he can complain to the Information Commissioner.
Investigator's decision on behalf of the Ombudsman