The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council handled his request for information. It is reasonable to expect Mr X to raise his concerns with the Information Commissioner’s Office.
The complaint
Mr X complained the Council wrongfully refused to provide him with information which he had requested.
Mr X said this caused emotional distress and prevented him from obtaining certain information. He wanted the Council to: provide him with the information he requested; acknowledge its alleged fault; update its General Data Protection Regulation (GDPR) guidance; and deliver additional training to its staff.
The Ombudsman’s role and powers
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 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.
The Information Commissioner’s Office (ICO) considers complaints about data protection. It holds more powers than the Ombudsman to address these types of complaints.
In this case there is no good reason for us to investigate the matter instead. In the absence of a wider complaint we could consider, the ICO is the best placed body to consider Mr X’s complaint.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is the best placed body to consider the matter.
Investigator's decision on behalf of the Ombudsman