Nottingham City Council (19 016 437)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 04 Feb 2020
The Ombudsman's final decision:
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 better placed to deal with his complaint.
The complaint
- Mr X complains about the Council’s response to his request for information from when he was in the care of the local authority.
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, including access to information. 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 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.
What I found
- Mr X complains the Council has not responded to his request for information from when he was in the care of the local authority. Mr X says he has been waiting over six months for the information he wants.
- At the heart of Mr X’s complaint is access to information. 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 somebody is entitled to.
- 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 access to information, 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. Mr X should therefore approach the ICO about his concerns.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because the Information Commissioner’s Office is better placed to deal with his complaint.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman