Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s response to his request for information. This is because the Information Commissioner’s Office is the appropriate body to consider his concerns.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council has failed to provide information he is entitled to.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. 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)
3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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 Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. Mr X says the Council has failed to provide information he is entitled to. Mr X says the ICO has decided the Council should release the information – but it has refused to do so – by relying on a specific exemption under the Data Protection Act.
6. 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 a failure to disclose information someone is entitled to. The ICO has wide powers to take action against data controllers.
7. 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. It is the expert body set up by Parliament to consider such matters. Mr X should therefore go back to the ICO about the Council’s refusal to disclose the information the ICO says he is entitled to. It is the appropriate body to consider his complaint. The Ombudsman cannot say if the Council should release the information Mr X wants – the ICO can.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint. This is because the Information Commissioner’s Office is the appropriate body to consider his concerns.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman