The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about data matters. This is because these are best considered by the Information Commissioner’s Office which is the body set up to consider such matters.
The complaint
The complainant, whom I shall call Mrs X, complains about the Council’s handling of, and responses to, her subject access requests.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start 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
Mrs X complains about the Council’s responses to her subject access requests and further requests for information. Mrs X believes the Council has failed to follow data protection procedures in order to cover up its mistakes.
We will not investigate Mrs X’s complaint. This is because complaints about data matters, such as this, are best considered by the Information Commissioner’s Office (ICO) which is the body set up to consider and decide complaints about such matters.
Final decision
We will not investigate Mrs X’s complaint because it is about matters best considered by the ICO.
Investigator's decision on behalf of the Ombudsman