Summary: We will not investigate Miss X’s complaint about matters related to the Council’s data handling. This is because it is reasonable to expect Miss X to take the matter to the Information Commissioner’s Office for its consideration.

The complaint

1. Miss X complains about matters related to the Council’s data handling, namely data breaches, poor record keeping and access to information issues.
2. She also complains about the Council’s handling of her subject access request. She says it failed to support her through the process as per its policies or respond in a timely manner, gave outdated leaflets, and used stigmatised terms in its documents.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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))
5. 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)
6. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

7. I considered information provided by Miss X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. I will not investigate any complaints about matters related to the Council’s data handling. This is because it is reasonable to expect Miss X to take the matter to the Information Commissioner’s Officer (ICO). It is the appropriate body to review complaints about data protection.
10. It would not be a good use of public money to investigate matters related to the Council’s handling of Miss X’s request in isolation when I will not investigate the substantive issue.

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Final decision

11. We will not investigate Miss X’s complaint because it is reasonable for her to complain to the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman