The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to provide information needed for a court order.
The complaint
Mr X complains about the Council’s refusal to provide information after he made a ‘Subject Access Request’ to it. He says the Council holds information that he needs for a court order.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. This is because it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices and achieve Ms X’s desired outcomes.
The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council is exempt from providing the information Mr X wants.
Investigator's decision on behalf of the Ombudsman