The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s request for information, and the Council’s handling of his resulting complaint. The Information Commissioner is best placed to consider and decide complaints about data protection. Additionally, it is not a good use of public resources to investigate complaints about complaints procedures, if we decide not to deal with the substantive issue.
The complaint
Mr X complained about how the Council processed his subject access request, and about its handling of his resulting complaint.
Mr X said this caused distress, time and trouble.
Mr X wants the Council to apologise, properly consider his complaint, review its processes and pay him a symbolic financial remedy to recognise his negative experience.
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 Mr X.
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.
We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and Mr X has already complained to them.
It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed to consider and decide complaints about data protection. Additionally, it is not a good use of public resources to investigate complaints about complaints procedures, if we decide not to deal with the substantive issue.
Investigator's decision on behalf of the Ombudsman