Summary: We will not investigate this complaint about how the Council responded to Mr X’s subject access request. The Information Commissioner is better placed to deal with the matter.

The complaint

1. Mr X complains that the Council has failed to properly respond to his subject access request and wants it to provide the information he feels he is entitled to.

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The Ombudsman’s role and powers

2. 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))
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mr X’s complaint because the Information Commissioner’s Office (ICO) is better placed to deal with complaints about data protection matters, including how public bodies respond to subject access requests.

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Final decision

7. We will not investigate Mr X’s complaint because the ICO is better placed to deal with the matter.

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Investigator's decision on behalf of the Ombudsman