The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council handled his request for information. This is because it is better dealt with by the Information Commissioner's Office.
The complaint
Mr X complains the Council failed to deal properly with his request made under the Freedom of Information (FOI) Act. He says it did not answer his queries in full about the costs of the Garden service.
Mr X says the Council has made him stressed and anxious. He wants the Council to admit it gave him the wrong information.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint is better dealt with by the Information Commissioner.
The Information Commissioner's Office (ICO) is the UK's independent authority on data protection and information rights matters. It is best placed to determine if the Council has responded correctly to the concerns raised by Mr X. So, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is better dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman