The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not providing information requested under a subject access request. This is because it is more appropriate for Information Commissioner’s Office to investigate.
The complaint
Ms X complained about the Council not providing information requested under a subject access request. This has caused her frustration. Ms X is seeking release of information and an apology.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X stated the Council has failed to provide information she had requested under a subject access request.
The Information Commissioner’s Office (ICO) is UK regulator for data protection and is responsible for enforcing UK GDPR and Data Protection Act 2018. The ICO can investigate the complaint and issue reprimands or enforcement notices, require the council to improve to improve SAR handling and in serious cases impose penalties.
We will not investigate this complaint. This is because the ICO have more extensive powers than we do here, and they were set up by parliament to investigate complaints about a person’s data rights. Therefore, it is a more suitable body to investigate this complaint. In any case Ms X has also already complained to the ICO.
Final decision
We will not investigate Ms X’s complaint because it is more appropriate in this instance for ICO to investigate the complaint and the remedy sought about release of information, is in line with their powers.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman