Cornwall Council (24 016 645)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 21 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the format in which the Council provided its response to her subject access request. This is because the complaint is about a data matter which is best considered by the Information Commissioner’s Office.
The complaint
- The complainant, Ms X, complains about the format in which the Council responded to her subject access request (SAR).
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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council about the format in which it provided its response to her SAR.
- The Council reviewed its response to Ms X’s SAR, providing additional information about what information it had provided. It signposted Ms X to the Information Commissioner’s Office (ICO) if she remained dissatisfied with its response.
- We will not investigate Ms X’s complaint. This is because it is about a data matter which is best considered by the ICO. Ms X has been appropriately signposted there by the Council. We will not also consider it.
Final decision
- We will not investigate Ms X’s complaint because it is about a data matter best considered by ICO rather than this office.
Investigator's decision on behalf of the Ombudsman