The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council has not responded to his subject access request. This is because the Information Commissioner is in the best position to consider this complaint.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has not provided information he requested under a subject access request.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B may complain to the Information Commissioner about the Council not providing the information he has requested. The Information Commissioner is in the best position to decide if the Council has breached data protection laws and to take appropriate action.
Final decision
We will not investigate Mr B’s complaint because the Information Commissioner is better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman