London Borough of Croydon (19 016 779)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 13 Feb 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s response to her Subject Access Request. This is because the Information Commissioner’s Office is better placed to consider her complaint.
The complaint
- The complainant, whom I shall call Mrs X, complains about the Council’s response to her Subject Access Request.
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 or 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 Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- At the heart of Mrs 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 failing 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. When 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. Mrs X should therefore approach the ICO about her concerns.
- Mrs X is also unhappy with the Council’s complaint handling. But we will not look at this if we are not going to look at the issue which led to the complaint. This applies here.
Final decision
- The Ombudsman will not investigate Mrs X’s complaint. This is because the Information Commissioner’s Office is better placed to consider her complaint.
Investigator's decision on behalf of the Ombudsman