Summary: Ms X complains about the Council’s handling of her ‘Subject Access Request’ and also about the Council’s actions in court. We will not investigate. This is because this complaint does not meet the tests set out in our Assessment Code on which complaints we should investigate. It is reasonable for Ms X to complain to the Information Commissioner’s office as it is better placed to investigate the complaint about her Subject Access Request. And we have no power to consider what happened in court.

The complaint

1. In short, Ms X says the Council has failed to act on her request to provide information under her ‘Subject Access Request’. She also says the Council provided false information at court.
2. Ms X would like the Council to disclose the information she requested, an apology, an investigation and compensation.

Back to top

The Ombudsman’s role and powers

3. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), as amended)
5. We cannot investigate a complaint once court action has started or about what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

Back to top

How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. We will not investigate this complaint. This is because it is reasonable for Ms X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the regulator for information rights, and it is best placed to consider whether the Council has responded in line with its information rights obligations towards Ms X.
9. We are prohibited from looking at matters that have been to court. Ms X’s remedy lies in court.

Back to top

Final decision

10. I will not investigate this complaint. The Information Commissioner is better placed to consider the Council’s handling of the Subject Access Request. And we have no powers to look at what happened during court proceedings.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman