The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to provide information about the Bingley by-pass as the Information Commissioner is better placed.
The complaint
Mr X complains about the Council’s refusal to provide information relating to the Bingley by-pass.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6))
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.
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 is exempt from providing the information Mr X wants.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to complain to the ICO as it is better placed.
Investigator's decision on behalf of the Ombudsman