The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to respond to Mr X’s requests for information, and not considering his requests for disability adjustments. This is because the Information Commissioner’s Office is best placed to consider the first part of this matter, and only the courts can decide whether an organisation has met its Equality Act 2010 duties.
The complaint
Mr X complains that the Council has not: responded to his requests for information about disabilities; and properly considered his requests for adjustments when writing to him.
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’s Office (ICO) 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 Council, and the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint about the Council’s handling of his requests for information. Mr X has complained to the ICO who is best placed to consider this issue. That is what we would expect.
We will not investigate Mr X’s complaint about the Council not considering his requests for adjustments to meet the needs of his disability. The Council has not yet considered this part of his complaint through its complaints procedure. But even if it had, we have no power to decide whether the Council has met its duties under the Equality Act 2010; that is properly a matter for a court of law.
Final decision
We will not investigate this complaint because the ICO is best placed to consider this matter, and we would have no power to decide whether the Council has met its Equality Act 2010 duties even if the Council had already considered the matter through its own procedures.
Investigator's decision on behalf of the Ombudsman