London Borough of Hounslow (19 013 476)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 18 Dec 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s response to her request for information. This is because the Information Commissioner’s Office is the appropriate body to consider her concerns.
The complaint
- The complainant, whom I shall call Ms X, complains about the Council’s response to her request for information.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- Ms X asked the Council for copies of her personal information via a Subject Access Request. Ms X says the Council has not responded.
- 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 failing to disclose information someone is entitled to. The ICO has wide powers to take action against data controllers.
- 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 body set up by Parliament to consider such matters. Ms X should therefore approach the ICO about her concerns. It is the appropriate body to consider her complaint.
Final decision
- The Ombudsman will not investigate Ms X’s complaint. This is because the Information Commissioner’s Office is the appropriate body to consider her concerns.
Investigator's decision on behalf of the Ombudsman