The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s request for information. This is because the complainant may bring the matter to the attention of the Information Commissioner’s Office and it would be reasonable for her to do so.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council is at fault in its response to her request for information.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B complains about the Council’s response to her request for information. The Council has responded to the request under the Environmental Information Regulations (EIR) 2004. Complaints about EIR request responses are dealt with by the Information Commissioner’s Office.
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. That is the case here.
Final decision
We will not investigate Mrs B’s complaint because it would be reasonable for her to bring her concerns to the attention of the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman