The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about how the Council handled her request for documents. It is reasonable to expect Miss X to raise her concerns with the Information Commissioner’s Office.
The complaint
Miss X complained the Council wrongfully failed to provide her with copies of reports which she had requested.
Miss X said this caused significant emotional distress and meant she was unable to obtain the items she requested. She wanted the Council to: provide her with the items she originally requested; conduct an internal investigation into its staff; and apologise for its alleged failures.
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
Miss X complained to the Council about the matters in paragraph one. The Council responded and sign-posted Miss X to its Information Team as her complaint related to data protection matters.
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 the issue.
Final decision
We will not investigate Miss X’s complaint because the Information Commissioner’s Office is the body best placed to consider the matter.
Investigator's decision on behalf of the Ombudsman