Summary: We will not investigate this complaint about how the Council dealt with the complainant’s request for information. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as this is a matter best dealt with by the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his request for information. Mr X says the Council took too long to respond to his request and failed to provide the CCTV footage he asked for.

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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 or may decide not to continue with 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)

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How I considered this complaint

4. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Mr X’s complaint because he can complain to the Information Commissioner’s Office (ICO) if he is concerned about how the Council dealt with his request for information. The ICO is the independent body set up to uphold information rights and is best placed to deal with Mr X’s concerns.

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Investigator's decision on behalf of the Ombudsman