The Ombudsman's final decision
Summary: We will not investigate this complaint about a failure to respond to a complaint about unspent section 106 money and failure to respond to requests for information. We consider it reasonable to complain to the Information Commissioner’s Office. Also, further investigation will not lead to a different outcome.
The complaint
Mr X complains the Council: Failed to respond to his complaint about unspent section 106 money.
Failed to respond to freedom of information requests.
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: further investigation would not lead to a different outcome, or 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has now provided a response to the complaint about unspent section 106 money. We consider further investigation of this part of the complaint will not lead to a different outcome.
It is reasonable to expect Mr X to refer this complaint about a failure to respond to requests for information to the Information Commissioner’s Office (ICO). This is because this is the body with specific powers and expertise to consider the Freedom of Information Act and Environmental Information Regulations issues. The ICO has powers which the Ombudsman does not have to require compliance with the Freedom of Information Act and the Environmental Information Regulations 2004.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to complain to the ICO and further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman