Summary: We will not investigate this complaint about the Council’s lack of responses concerning a subject access request made in Agust 2022. This is because the Information Commissioner’s Office is best placed to consider.

The complaint

1. In summary, Mrs. X says the Council failed to respond to her subject access request made in August 2022. She would like the Council to respond to the request and train staff to respond promptly.

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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 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 and we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate this complaint. This is because it is reasonable for Mrs X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the body with specific powers and expertise to investigate the Council’s responses/omissions with respect to its information rights practices.

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Final decision

6. We will not investigate Mrs X’s complaint because the Information Commissioner is better placed.

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Investigator's decision on behalf of the Ombudsman