The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about what happened when he made request for information under the Freedom of Information Act. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The substantive matter is better dealt with by the Information Commissioner's Office. And it is not a good use of public money for the Ombudsman to consider the side issues when we are not investigating the main complaint.
The complaint
Mr X complains about administrative issues arising from the way the Council has handled his requests for information made under the Freedom of Information Act.
Mr X says the Council failed to provide an email address for him to send an internal review to, did not acknowledge his request, mixed up his request for an internal review with another request, refused to deal with his concerns under the complaint’s procedure and so on.
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. It is better placed to determine if the Council has responded correctly to Mr X’s requests. So, we will not investigate.
It is not a good use of public resources to investigate complaints, about complaint procedures and side issues, if we are not dealing with the substantive issue. This applies even if the ICO will not look at the side issues.
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