The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council has failed to provide information he requested under a subject access request. This is because the Information Commissioner is better placed to consider this complaint.
The complaint
Mr B complains the Council has failed to provide information he requested under a subject access request. Mr B would like the Council to provide this information.
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 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner enforces all data protection legislation and is in the best position to consider complaints about subject access requests. Mr B may make this complaint to the Information Commissioner, who is better placed to consider this complaint.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because there is another body – the Information Commissioner – better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman