Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s response to his Subject Access Request. This is because the Information Commissioner’s Office is better placed to deal with his concerns.

The complaint

1. The complainant, whom I shall call Mr X, complains about how the Council dealt with his request for information made via a Subject Access Request.

Back to top

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, 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)

Back to top

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.

Back to top

What I found

5. Mr X was involved in a road traffic accident while cycling. The motorist involved in the incident drove away without leaving their full details. Mr X asked the Council for CCTV footage to help identify the motorist. Mr X chased the Council for a response. It said there was no footage because the accident took place more than 28 days ago. But, even if there was, it would not have released images of the driver to Mr X – only images of Mr X himself.
6. At the heart of Mr X’s complaint is access to information and if the Council properly dealt with his Subject Access Request. 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.
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 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. It can decide if the Council properly dealt with Mr X’s request for information. This is not a decision the Ombudsman can take.
8. Even if we were to investigate, we could never say what the outcome would have been if the Council had released the information Mr X asked for. An investigation by the Ombudsman is not therefore appropriate.

Back to top

Final decision

9. The Ombudsman will not investigate Mr X’s complaint. This is because the Information Commissioner’s Office is better placed to deal with his concerns.

Back to top

Investigator's decision on behalf of the Ombudsman