Summary: We will not investigate Ms B’s complaint about the Council’s delay responding to her requests for information. This is because there is another body, the Information Commissioner, which is in the best position to consider the complaint.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council has significantly delayed responding to her subject access request and freedom of information request. Ms B says this has caused her physical and mental suffering and she has not been provided with the information she needs to make complaints about separate matters. Ms B would like the Council to provide the information she requested, investigate all other requests it has received which have not been answered, and make changes to improve its service.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
3. We normally expect someone to refer the matter to the Information Commissioner 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)
4. The Information Commissioner's Office also considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I considered information provided by Ms B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Information Commissioner’s Office enforces data protection and freedom of information legislation.
8. The main functions of the Information Commissioner are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
9. Ms B may complain to the Information Commissioner about the Council’s handling of her requests for information. The Information Commissioner is in the best position to consider the issues Ms B complains about.

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Final decision

10. We will not investigate Ms B’s complaint because there is another body, the Information Commissioner, which is in the best position to consider the matter.

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Investigator's decision on behalf of the Ombudsman