Northampton Borough Council (19 008 711)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 16 Oct 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr B’s complaint the Council has failed to provide a proper response to his request for information. The Information Commissioner is better placed to consider complaints about data handling and responses to requests for information.
The complaint
- The complainant, whom I shall call Mr B, complains the Council has failed to respond to his Freedom of Information request and has provided information about a third party that breaches the Data Protection Act. Mr B wants the Council to provide the specific information he has requested.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I have considered the information Mr B provided and the Ombudsman’s role and powers. I have sent this draft decision to Mr B and discussed the complaint with him before I made a final decision.
What I found
- Mr B says he made a request for specific information and the Council has failed to provide this. Instead, it has provided data that is not meant for Mr B and is a breach of data protection regulations.
- The Information Commissioner’s Office (ICO) is an independent authority that deals with complaints about public authorities’ failures to comply with data protection legislation. This includes complaints about a failure to disclose information somebody is entitled to and complaints of breaches of data protection.
- It is reasonable to expect Mr B to refer his complaint to the ICO. This is because the ICO is better placed to decide if the Council has failed to comply with its duties under data protection and freedom of information legislation. There is no charge for making a complaint to the ICO and its complaints procedure is relatively easy to use.
Final decision
- The Ombudsman will not investigate this complaint. This is because the Information Commissioner is better placed to consider complaints about data handling and responses to requests for information.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman