Summary: We will not investigate this complaint about the Council’s response to a Subject Access Request. This is because the Information Commissioner’s Office is better placed than the Ombudsman to consider the matter.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council is at fault in redacting information it gave her in response to a Subject Access Request (SAR).

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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 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 may decide not to continue with an investigation if we decide there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6))
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. Miss X says she was the subject of a referral to social services made by a third party. She subsequently made a SAR to obtain the records of the case. The documents the Council released in response contained redactions which Miss X believes are unreasonable. She wants the information provided in an unredacted form.
7. If Miss X is unhappy with the outcome of her SAR, and her subsequent complaint to the Council, her appropriate recourse is to bring her concerns to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider them. It would be reasonable for Miss X to do so, and we will not intervene.

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Final decision

8. We will not investigate Miss X’s complaint because she may bring her concerns to the attention of the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman