The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council’s response to his freedom of information request. This is because it is reasonable for Mr B to complain to the Information Commissioner, and if needed, appeal to the tribunal for information rights.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has not provided information he requested under the Freedom of Information Act about how the Council spends public money. Mr B would like the Council to provide the information he requested.
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 Act says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B may complain to the Information Commissioner about the Council’s response to his freedom of information request. The Information Commissioner is in the best position to decide if the Council has complied with the Freedom of Information Act. Also, if needed, Mr B may appeal a decision of the Information Commissioner to the tribunal for information rights.
I find it is reasonable for Mr B to use this process to try to obtain the information he seeks. It is the role of the tribunal, not the Ombudsman, to decide such matters. So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to complain to the Information Commissioner, and if needed, appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman