The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing a request from Mr X because of a dispute about whether he has already provided evidence of his address. The matter complained of concerns the processing of data and the Information Commissioner’s Office is better placed than us to consider it.
The complaint
Mr X said the Council failed to progress a request he made even though he had provided all the information it needed. He said this means he is unable to contact his child’s school.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The matter complained of concerns data processing. The Council has told Mr X it needs recent evidence showing his name and address. Mr X has said he has previously provided this in the form of a Council Tax bill from 2021.The Information Commissioner’s Office (ICO) is better placed than us to reach a view about data processing. If the ICO has already reached a view unhelpful to Mr X, as he stated in his correspondence with the Council that he sent us, it is not for us to act in a secondary capacity.
Final decision
We will not investigate Mr X’s complaint because there is another agency better placed to consider it. We cannot act in a secondary capacity in the event of a decision by that agency that may not be helpful to Mr X.
Investigator's decision on behalf of the Ombudsman