The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainants request for information. This is because this matter is better dealt with by the Information Commissioner.
The complaint
The complainant, who I will call Mr X, complains about how the Council dealt with his request for information about a planning application. Mr X says the Council refused to provide the information he requested preventing him from deciding about further action he may take.
The Ombudsman’s role and powers
The Ombudsman investigates 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 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
I will not investigate Mr X’s complaint because there is another body better placed to consider his complaint. Mr X can complain to the Information Commissioner’s Office (ICO) if he is concerned about how the Council dealt with his request for information. The ICO is the independent body set up to uphold information rights and is best placed to deal with these concerns.
Final decision
We will not investigate Mr X’s complaint because the ICO are better placed to investigate his complaint.
Investigator's decision on behalf of the Ombudsman