Summary: We will not investigate Mr B’s complaint about the Council not responding to his request for records. This is because the Information Commissioner is better placed to consider this matter.

The complaint

1. Mr B complains the Council has not responded to his subject access request and has not provided reasons for the delay.

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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 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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B’s complaint is about the Council’s handling of his subject access request under data protection legislation. Mr B has complained to the Information Commissioner who is in the best position to consider this issue. So, we will not investigate this complaint.

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Final decision

7. We will not investigate Mr B’s complaint because there is another body – the Information Commissioner – better placed to consider this matter.

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Investigator's decision on behalf of the Ombudsman