The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a subject access request. The Information Commissioner is better placed to consider the matter.
The complaint
Mr X complains that the Council failed to properly deal with his subject access request or his subsequent complaint.
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 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
Mr X says the Council did not respond properly to a Subject Access Request. I will not investigate his complaint because he can complain to the Information Commissioner’s Office (ICO). It is reasonable for Mr X to do this because the ICO is the appropriate organisation to consider if the Council responded correctly to the SAR request.
It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
We will not investigate Mr X’s complaint because the ICO are better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman