Summary: We will not investigate this complaint about the complainant’s request to the Council for her personal data. This is because the Information Commissioner’s Office is better placed.

The complaint

1. In summary, Miss X is unhappy the Council has advised her to apply to court for her personal data it holds about her.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant which includes the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate this complaint. This is because it is reasonable for Miss X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the body with specific powers and expertise to investigate the Council’s information rights obligations including any personal data it may hold about Miss X.

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Final decision

6. We will not investigate Miss X’s complaint because the Information Commissioner is better placed.

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Investigator's decision on behalf of the Ombudsman