Summary: We will not investigate this complaint about the Council failing to provide the complainant with information about disrepair at their privately rented accommodation. This is because this complaint relates to a subject access request and is therefore better dealt with by the Information Commissioner’s Office.

The complaint

1. In short, Miss X complains about the Council’s failure to provide a full copy of its inspection report detailing disrepair in her property. She says the Council has withheld information concerning her home that she is entitled to.

Back to top

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 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))

Back to top

How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss X raises concerns about the Council’s failure to provide a full copy of the inspection report. She says the Council has withheld data and she is unhappy with the response by the Council’s information governance team.
6. We cannot decide whether information held by a Council should have been released, withheld, or processed differently. We also cannot determine whether the Council has complied with the Data Protection Act or responded lawfully to a subject access request. These matters are exclusively for the Information Commissioner’s Office (ICO).

7. We will not investigate. The Ombudsman does not investigate complaints about subject access requests as these are matters better dealt with by the Information Commissioner’s (ICO) office. The ICO is the regulator for information rights matters and oversees complaints concerning subject access requests. It would therefore be reasonable to expect Miss X to complain to the ICO.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because this complaint relates to her rights to information concerning disrepair at her home. This is a matter best dealt with by the Information Commissioner’s Office.

Back to top

Investigator's decision on behalf of the Ombudsman