Summary: We will not investigate this complaint about alleged delay by the Council in supplying data. The Information Commissioner is better placed than us to consider this matter.

The complaint

1. Mrs X said the Council has delayed responding to her data access request.

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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 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 the complainant, and the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X's complaint concerns a data matter. The Information Commissioner has powers to compel disclosure and impose penalties. We lack those powers.

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Final decision

6. We will not investigate Mrs X’s complaint because another body is better placed than us to consider this matter.

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Investigator's decision on behalf of the Ombudsman