31 July 2017, Education (Other)
The complainant requested information regarding the types of records held by the Legal Ombudsman in relation to Residential Conveyancing Complaints investigations. The Legal Ombudsman initially cited section 12 of the FOIA (cost of compliance exceeds appropriate limit). During the course of the Commissioner’s investigation the Legal Ombudsman stated that it did not hold information relevant to the request. The Commissioner has investigated the Legal Ombudsman’s handling of the request. The Commissioner’s decision is that the Legal Ombudsman failed to comply with its obligations under section 1 of the FOIA (general right of access) and breached section 16 of the FOIA (duty to provide advice and assistance). The Commissioner requires the Legal Ombudsman to take the following steps to ensure compliance with the legislation: issue a fresh response in accordance with its obligations under section 1 of the FOIA; and provide the complainant with advice and assistance in accordance with its obligations under section 16 of the FOIA.
FOI 1: Upheld FOI 16: Upheld