ombudsman reply blanket ban
DESCRIPTION
The Ombudsman will not investigate this complaint aboutthe Council’s refusal to respond to a request for information as it isreasonable to expect the complainant to refer his complaint to theInformation Commissioner’s OfficeTRANSCRIPT
1
29 September 2014
Complaint reference: 14 010 399
Complaint against:Sunderland City Council
The Ombudsman’s final decisionSummary: The Ombudsman will not investigate this complaint about the Council’s refusal to respond to a request for information as it is reasonable to expect the complainant to refer his complaint to the Information Commissioner’s Office
The complaint1. The complainant, who I shall call Mr Y, complains the Council’s has failed to
respond to his request for information made under the Freedom of Information Act (FOI).
The Ombudsman’s role and powers2. The law says the Ombudsman cannot normally investigate a complaint when
someone can appeal to a tribunal. However, she may decide to investigate if she considers it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a))
3. The Office of the Information Commissioner considers complaints about freedom of information. It acts as a tribunal in these cases.
How I considered this complaint4. I have considered what Mr Y said in his complaint.
What I found5. Mr Y complains the Council will not respond to his FOI request. Mr Y says the
Council is treating his request as vexatious. Mr Y does not accept this and wants the Council to provide the information he has requested.
Analysis6. The Information Commissioner’s Office (ICO) is the UK’s independent body set up
to uphold information rights. It is reasonable to expect Mr Y therefore to refer his complaint to the ICO and the Ombudsman will not investigate.
Final decision7. The Ombudsman will not investigate as Mr Y can refer his complaint to the ICO.
Investigator’s decision on behalf of the Ombudsman