The Ombudsman's final decision
Summary: We will not investigate this complaint about the Authority’s response to a Freedom of Information request. The Information Commissioner’s Office is better placed to consider this complaint.
The complaint
Mr X complains the Authority has not provided sufficiently clear or detailed answers to questions raised as part of a Freedom of Information Request.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. 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)) 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
We will not investigate this complaint. Mr X is unhappy with the Authority’s response to his Freedom of Information request. The Information Commissioner’s Office (ICO) is better placed to consider his complaint and it is reasonable for him to refer the matter to the ICO.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed to consider his complaint.
Investigator's decision on behalf of the Ombudsman