The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to provide the personal information the complainant is seeking . This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to raise their concerns with the Information Commissioner’s Office.
The complaint
Miss X complains the Council had failed to keep and provide the records of her former tenancy which she needs to achieve a discount under the right to buy scheme. She wants the Council to provide the information or pay her compensation.
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 Miss X including the Council’s responses to her requests for information.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Miss X’s complaint because is reasonable to expect her to complain to the Information Commissioner’s Office. This is the body set up by Parliament to consider complaints about data protection, including access to personal information.
Investigator's decision on behalf of the Ombudsman