Local Government Official Information and Meetings Act 1987

Part 5 Review of decisions

Decisions under Part 2 and section 8

27 Functions of Ombudsmen

(1)

It shall be a function of the Ombudsmen to investigate and review any decision by which a local authority—

(a)

refuses to make official information available to any person in response to a request made by that person in accordance with section 10; or

(b)

decides, in accordance with section 15 or section 16, in what manner or, in accordance with section 13, for what charge a request made in accordance with section 10 is to be granted; or

(c)

imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 10; or

(d)

gives a notice under section 8.

(2)

It shall be a function of the Ombudsmen to investigate and review any decision by which the chief executive of a local authority, or an officer or employee of a local authority authorised by its chief executive, extends any time limit under section 14.

(3)

An investigation and review under subsection (1) or subsection (2) may be made by an Ombudsman only on complaint being made to an Ombudsman in writing or orally.

(3A)

A complaint made orally must be put in writing as soon as practicable.

(4)

For the purposes of subsection (1)(a), a refusal to make official information available includes, without limitation, a failure by the local authority to comply with section 13(1)

(a)

as soon as is reasonably practicable, or at the latest within 20 working days, after receiving the request; or

(b)

within an extended time limit notified under section 14(3) to the person who requested the information.

(5)

Undue delay in making official information available in response to a request for that information shall be deemed, for the purposes of subsection (1), to be a refusal to make that information available.

(6)

If an Ombudsman receives a complaint that a local authority has refused to make official information available for any of the reasons specified in section 17(1)(e) to (g), the Ombudsman may notify the Chief Archivist appointed under the Public Records Act 2005.

Compare: 1982 No 156 s 28; 1987 No 8 s 16(1)

Section 27(2): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 27(3): substituted, on 22 October 2003, by section 4 of the Local Government Official Information and Meetings Amendment Act 2003 (2003 No 82).

Section 27(3A): inserted, on 22 October 2003, by section 4 of the Local Government Official Information and Meetings Amendment Act 2003 (2003 No 82).

Section 27(4): replaced, on 26 March 2015, by section 11(1) of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23).

Section 27(6): inserted, on 26 March 2015, by section 11(2) of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23).