The Ombudsman's final decision
Summary: A man complained about the Council’s refusal to reveal the name of a professional person who made an allegation against him. But we will not investigate this complaint because the Information Commissioner’s Office is better placed to deal with the issue.
The Ombudsman’s role and powers
We investigate 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 an investigation if, for example, we decide there is another body better placed to consider the 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 the information Mr X provided with his complaint. I also took account of the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner’s Office (ICO) is the body which regulates data protection in the UK. As such it is responsible for considering complaints about alleged breaches of rights under the General Data Protection Regulation. This includes complaints about a person’s right of access to their personal data and their right to rectify any inaccuracies in their data.
In the circumstances I consider it is reasonable to expect Mr X to take his complaint to the ICO as it is best placed to deal with his particular concerns.
Final decision
We will not investigate Mr X’s complaint about the Council’s refusal to disclose the name of a professional who made a complaint about him. This is because the Information Commissioner’s Office is better placed than us to consider the issues in Mr X’s case.
Investigator's decision on behalf of the Ombudsman