The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council’s handling of his data protection request. This is because the Information Commissioner is better placed to consider the matter.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has not provided information he requested under data protection legislation. Mr B also complains the Council is not responding to his correspondence on the matter.
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’s response to his request for personal data held by the Council. The Information Commissioner is in the best position to decide whether the Council has complied with data protection legislation.
Final decision
We will not investigate Mr B’s complaint because the Information Commissioner is in the best position to consider the matter.
Investigator's decision on behalf of the Ombudsman