The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to provide information to Mr X. The Information Commissioner’s Office is best placed to consider complaints about access to information under the Freedom of Information Act 2000.
The complaint
Mr X complained the Council has not properly responded to his information request relating to his mother, who is now deceased. He wants the Council to provide him the information.
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 the complaint. (Local Government Act 1974, section 24A(6)) 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
Mr X says he made an information request to the Council in January 2022 and it has refused to provide the information to him. The information he requested was in regards to his mother, who is now deceased.
Information requests about another person are considered under the Freedom of Information Act 2000. The Information Commissioner’s Office (ICO) is best placed to consider such complaints, and it can consider whether the Council has made its decision in line with the relevant legislation and guidance. It is open to Mr X to raise his concern with the ICO, and there is not a good reason we should consider this complaint instead of the ICO as it is only about the information request.
Mr X has not asked us to consider other peripheral issues at this time. Should Mr X wish to complain to us about other aspects of his mother’s case, it is open to him to do so within 12 months of the date he became aware of issues. We would normally expect a person to have used the Council’s internal complaints procedures first. It is not necessary to wait for a response to an information request before bringing a complaint to the Ombudsman, so Mr X should complain to us promptly if he wants us to consider any other complaints.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is best placed to consider complaints about access to information under the Freedom of Information Act 2000.
Investigator's decision on behalf of the Ombudsman