The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has failed to respond to Mrs X’s information requests and has shared personal information about her. This is because the Information Commissioner is better placed to consider these matters.
The complaint
Mrs X complains that the Council is refusing to respond to her requests for information and has shared confidential information about her.
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)) The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mrs X’s complaint because the Information Commissioner’s Office (ICO) is best placed to consider the issues she has raised. The ICO is the body that deals with complaints about how organisations handle people’s personal data and freedom of information requests. It is therefore reasonable for Mrs X to raise her concerns with the ICO.
Final decision
We will not investigate Mrs X’s complaint because the ICO is better placed to consider the issues raised.
Investigator's decision on behalf of the Ombudsman