Summary: We will not investigate Miss X’s complaint about the Council’s response to her subject access request. This is because it is about a data matter which is best considered and decided by the Information Commissioner’s Office.

The complaint

1. The complainant, Miss X, complains the Council has not provided all the information it should have done in response to her subject access request.

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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 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)
3. 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))
4. 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

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

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My assessment

7. Miss X complains the Council has incorrectly withheld some information in its response to her subject access request. Miss X says the reason the Council has given for not providing certain information is incorrect.
8. The Council has explained its reasons for not providing or redacting some information. It has signposted Miss X to the information Commissioner’s Office if she remains dissatisfied with its final response.
9. We will not investigate Miss X’s complaint. This is because it is about a data matter which is best considered and decided by the Information Commissioner’s Office. The Council has correctly signposted Miss X there. It is the body set up to consider such matters and so is best placed to do so. We will not also consider it.

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Final decision

10. We will not investigate Miss X’s complaint because it is about a data matter best considered by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman