The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the actions of a parish council. Parish councils are not within the Ombudsman’s jurisdiction. Nor will we investigate his complaint that the Council failed to respond to his request for information. It is reasonable to expect him to complain to the Information Commissioner’s Office on this point.
The complaint
Mr X complains about the actions of a Parish Council. He also complains the Council has not responded to his Freedom of Information request.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Parish Councils.
(Local Government Act 1974, sections 25 and 34(1), 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X made a complaint about the Parish Council. We have no jurisdiction to investigate the actions of a Parish Council.
We will not investigate this complaint about Mr X’s right of access. Complaints about such matters are best considered by the Information Commissioner’s Office.
Final decision
We will not investigate Mr X’s complaint because we have no jurisdiction to investigate complaints about the actions of a Parish Council. And it is reasonable to expect him to raise his concerns about data matters with the Information Commissioner.
Investigator's decision on behalf of the Ombudsman