The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council has dealt with his requests for information. This is because the Information Commissioner is better placed to deal with the matter.
The complaint
Mr X complains about how the Council has dealt with his Subject Access Request and how it dealt with his subsequent complaint about the matter.
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
We will not investigate this complaint as Mr X can complain to the Information Commissioner’s Office (ICO). The ICO is best placed to consider his concerns about access to information. This is because the ICO was set up by parliament to investigate complaints about a person’s data rights.
I will not investigate how the Council has dealt with Mr X’s complaint. 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 is best placed to deal with the matter.
Investigator's decision on behalf of the Ombudsman