The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about not being provided with information by the Council. The Information Commissioner’s Office decided on the matter while acting as a Tribunal, this puts it out of our jurisdiction. Ms X can appeal the Information Commissioner’s decision.
The complaint
Ms X complained the Council are not providing information she has requested about the use of an access point.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X asked the Council for information which it refused. Ms X made a complaint to the Information Commissioners Office (ICO) in March 2024.
The ICO provided Ms X with its decision acting as a tribunal in September 2024.
Ms X has a right of appeal to the First Tier Tribunal (Information Rights) if she is unhappy with the ICO decision.
Final decision
We cannot investigate Ms X’s complaint because the Information Commissioner’s Office decided on the matter acting as a Tribunal. Ms X can appeal this decision.
Investigator's decision on behalf of the Ombudsman