The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council not providing information he has requested about Council spending. This is because Mr B may complain to the Information Commissioner, and if needed, appeal to the tribunal.
The complaint
Mr B complains the Council has refused to provide a detailed breakdown of how his council tax is spent. Mr B says the Council has only provided generic summaries and responses which are inadequate.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Freedom of Information Act 2000 is intended to promote a culture of openness and accountability amongst public sector bodies by providing people with rights of access to non personal information about how an organisation operates and makes decisions.
Mr B may request a more detailed breakdown of the Council’s spending by making a freedom of information request. If Mr B is not satisfied with the Council’s response he may complain to the Information Commissioner.
The Information Commissioner enforces freedom of information legislation. The main functions of the Information Commissioner are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
The Information Commissioner is in the best position to decide a complaint about a public body not providing information which has been requested. If Mr B is not satisfied with a decision of the Information Commissioner, it is reasonable to expect him to use his further right of appeal to the tribunal.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to complain to the Information Commissioner, and if needed, appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman