The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to keep proper records or to fully respond to Mr X’s subject access request. This is because the Information Commissioner’s Office is best placed to consider this matter.
The complaint
Mr X complained the Council failed to keep accurate records and did not fully comply with the subject access request he made.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council regarding the accuracy of its record keeping and its failure to provide information he requested when he made a subject access request or to keep to required deadlines.
The Council did not uphold Mr X’s complaint.
The Ombudsman will not usually investigate complaints regarding data and information sharing. This is because the Information Commissioner’s Office (ICO) was set up to consider complaints regarding these matters. It would therefore be reasonable for Mr X to refer this complaint to the ICO.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is best placed to consider this matter.
Investigator's decision on behalf of the Ombudsman