The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council not providing information he requested about a school catchment area. This is because it is reasonable for Mr B to complain to the Information Commissioner.
The complaint
Mr B complains the Council has not provided information he requested about how the Council has decided the catchment area and safe walking route for a local school.
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 has a right of appeal, reference or review 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 use this right. (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
The Council has treated Mr B’s request as a request for information under the Freedom of Information Act. If Mr B is not satisfied with the Council’s response, he may complain to the Information Commissioner.
The Information Commissioner is in the best position to decide whether an organisation has complied with the Freedom of Information Act.
Mr B may also put in an appeal against a decision of the Information Commissioner to the first tier tribunal. I find it is reasonable for Mr B to do this if needed.
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.
Investigator's decision on behalf of the Ombudsman