Summary
Mr X alleges administrative failings related to the Council’s failure to deal with Subject Access Requests properly. We will not investigate this complaint. This is because it is reasonable for Mr X to complain to the Information Commissioner’s Office as the most appropriate authority for his complaint.
The complaint
Mr X complains about the Council’s administrative failings around his subject access request. He says this includes the Council’s failure to progress his request promptly and then failed to provide the information requested.
He says he has been caused anxiety and distress. He would like the information requested together with an apology.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (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 will not investigate this complaint. This is because it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices and achieve Mr X’s desired outcomes.
The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.
We will not investigate a complaint about the alleged procedural delays if we are not investigating the main issue. So, even if the Information Commissioner does not investigate all the alleged administrative failings in Mr X’s complaint, this does not mean that we would intervene.
Final decision
I will not investigate this complaint. It is reasonable for Mr X to complain to the office of the Information Commissioner which is the most suitable authority to consider his request for information.
Investigator's decision on behalf of the Ombudsman