The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s request for information. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as this is a matter best dealt with by the Information Commissioner’s Office.
The complaint
Mr X has complained about how the Council dealt with his request for information. Mr X has also complained about how the Council has dealt with his complaint.
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))
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X can complain to the Information Commissioner’s Office (ICO) if he is concerned about how the Council has dealt with his information request. The ICO is the independent body set up to uphold information rights and is best placed to deal with Mr X’s concerns.
Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
Final decision
We will not investigate Mr X’s complaint because the matter is best dealt with by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman