The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s failure to provide information she requested in a subject access request. This is because this is a complaint about a data matter which is best considered by the Information Commissioner’s Office.
The complaint
The complainant, Mrs X, complains about the Council’s failure to provide some of the information she requested in a subject access request.
The Ombudsman’s role and powers
We investigate 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 or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council about its failure to provide all the information she requested via a subject access request within the statutory timescale.
The Council apologised for its delay in providing some of the information and explained the reason for the delay. It signposted Mrs X to the ICO should she remain dissatisfied with its response.
We will not investigate Mrs X’s complaint. This is because this is a complaint about a data matter which is best considered by the ICO. The Council has correctly signposted Mrs X to that office in its complaint response should she wish to pursue the complaint further. We will not also consider it.
Final decision
We will not investigate Mrs X’s complaint because it is about a data matter which is best considered by the ICO.
Investigator's decision on behalf of the Ombudsman