The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council has not provided his housing benefit file which he requested. This is because Mr B may complain to the Information Commissioner, who is in the best position to consider the matter.
The complaint
The complainant, who I will refer to as Mr B, complains the Council has failed to provide his housing benefit file which he requested several months ago under a data protection subject access request. Mr B also complains the Council has not responded to two complaints his representative has made about this.
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’s representative.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B or his representative may complain to the Information Commissioner about the Council not providing the file they requested. The Information Commissioner is in the best position to consider complaints about a failure to comply with data protection legislation. So, we will not investigate this complaint.
Because we are not investigating the substantive matter, an investigation solely into the Council’s handling of Mr B’s complaint is not justified.
Final decision
We will not investigate Mr B’s complaint because the Information Commissioner is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman