Summary: We will not investigate Miss X’s complaint about the Council’s handling of her Subject Access Request. The Information Commissioner’s Office is the appropriate body to consider her complaint.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about the Council’s handling of her Subject Access Request. Miss X says the Council took too long to respond and at first only sent part of the information she requested. Miss X says communication from the Council was poor.

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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:

• we could not add to any previous investigation by the organisation, or
• 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’s Office (ICO) if they have a complaint about data protection. This includes complaints about access to information. 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. We will not start an investigation into Miss X’s complaint.
7. The issue at the heart of this case is about the Council’s handling of Miss X’s request for information. I note the Council has apologised and so it is unlikely we could achieve anything else.
8. More importantly, the ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes failing to disclose information somebody is entitled to or taking too long to deal with requests.
9. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. This applies here and Miss X should therefore approach the ICO about her concerns.

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Final decision

10. We will not investigate Miss X’s complaint because the ICO is the appropriate body to consider her concerns.

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Investigator's decision on behalf of the Ombudsman