The Ombudsman's final decision
Summary: We will not investigate this complaint about data protection issues involving the Council and Ms X’s records. This is because the Information Commissioner’s Office (ICO) is involved, and this is the body best placed to deal with it.
The complaint
The complainant, who I refer to as Ms X, complains about the Council’s handling of data protection issues and its failure to release information requested under a Subject Access Request.
The Ombudsman’s role and powers
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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X has complained to us about data protection issues and the SAR she made to the Council.
Ms X already has a case running about these matters with the ICO and she has advised a court ruling has been made in relation to it.
As the ICO is involved with Ms X’s case, and the matter has been the subject of court action, this is not a complaint we will investigate. The ICO is the body best placed to deal with it.
Final decision
We will not investigate Ms X’s complaint because the ICO is involved, and this is the body best placed to deal with it.
Investigator's decision on behalf of the Ombudsman