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 a copy of a report it produced about his son.

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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 a copy of a report it produced about his son. The Council has instead provided an extract from the report. Mr X says he is entitled to see the full report. The Council has referred Mr X to the ICO to challenge its decision.
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 contact the ICO. It can decide if Mr X is entitled to see the report and can instruct the Council to release a copy. The Ombudsman can do neither.

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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.

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Investigator's decision on behalf of the Ombudsman