The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about how the Council responded to her requests for information. This is because the Information Commissioner is better placed to consider the matter.
The complaint
Mrs X complains that the Council has failed to respond to her subject access and 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 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mrs X’s complaint. This is because it is reasonable for her to raise the matter with the Information Commissioner’s Office (ICO). The ICO are best placed to consider complaints about how requests for information are responded to.
Final decision
We will not investigate Mrs X’s complaint because the ICO are better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman