The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council has failed to provide her information under the Environmental Information Regulations. This is because it is better dealt with by the Information Commissioner's Office.
The complaint
Mrs X complains that the Council has failed to provide her information allowed for in the Environmental Information Regulations (EIR). She also says the Council has failed to follow its complaints procedures and keep to deadlines.
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 and the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner's Office (ICO) is the UK's independent authority on information rights matters including the EIR. It is better placed to determine if the Council has responded correctly to Mrs X’s requests. So, we will not investigate. And it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
We will not investigate Mrs X’s complaint because it is better dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman