The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about matters related to the Council’s data handling. This is because it is reasonable to expect him to take the matter to the Information Commissioner’s Office for its consideration.
The complaint
Mr X complains the Council withheld information relating to certain matters which he says exposed them to serious legal and professional consequences.
He wants the Council to apologise, carry out a review and pay compensation.
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.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation into Mr X’s complaint.
Mr X’s complaint is about a request he made for information and the Council’s response.
The ICO is the UK’s independent authority set up to uphold information rights. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes alleged failures to provide information under a subject access request.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. It can decide if Mr X is entitled to the information he wants. The Ombudsman cannot. Mr X should therefore approach the ICO about his concerns because it can give him the outcome he wants.
Final decision
We will not investigate Mr X’s complaint because there is another body better placed to respond to his complaint.
Investigator's decision on behalf of the Ombudsman