The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with Mr X’s request for information. The Information Commissioner is better placed to consider and decide complaints about data protection and access to information issues.
The complaint
Mr X complained the Council said it would consider his request for information about planning enforcement either as a Freedom of Information (FOI) request or an Environmental Information Regulations (EIR) request.
Mr X said the Council should have accepted this as a service request and its position led to the matter being stressful and time-consuming.
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
The Information Commissioner’s Office (ICO) enforces data protection legislation. The ICO can investigate complaints about data protection and access to information requests.
We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect Mr X to complain to them.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed to consider and decide complaints about data protection and access to information.
Investigator's decision on behalf of the Ombudsman