The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council responded to subject access requests. This is because the Information Commissioner is better placed to consider the matter.
The complaint
Mr X and Ms Z complain that the Council failed to properly respond to their 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 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X and Ms Z’s complaint because it is reasonable for them to raise the matter with the Information Commissioner’s Office (ICO). The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes failing to disclose information somebody is entitled to or taking too long to deal with requests.
Final decision
We will not investigate Mr X and Ms Z’s complaint because the ICO is better placed to consider the matter
Investigator's decision on behalf of the Ombudsman