The Ombudsman's final decision
Summary: We will not investigate Mrs Y’s complaint about how the Council has dealt with her requests for information. The Information Commissioner is better placed to deal with the matter.
The complaint
Mrs Y complained that the Council was late in processing a subject access request, and that the information provided was incomplete.
Mrs Y said this has hindered her in a Tribunal process, causing frustration.
Mrs Y wants the Council to process the subject access request in full, explain why it did not do so within timeframe, apologise and review its procedures.
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 Mrs Y.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner’s Office (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 obey data protection legislation. This includes taking too long to deal with requests.
Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints.
Mrs Y has already complained to the ICO, and it is reasonable to expect her to await the outcome.
Final decision
We will not investigate Mrs Y’s complaint because the ICO is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman