The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with requests for information. The Information Commissioner is better placed to deal with the matter.
The complaint
Mrs X complains about how the Council has responded to Subject Access Requests (SARs).
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mrs X’s complaint. This is because she has raised the matter with the Information Commissioner's Office (ICO). The ICO is the UK's independent regulator about data protection matters and is best placed to deal with any concerns Mrs X has in this regard.
Final decision
We will not investigate Mrs X’s complaint because the ICO is better placed to consider it.
Investigator's decision on behalf of the Ombudsman