Summary: We will not investigate this complaint about Mr X’s request for information. The Information Commissioner’s Office is the appropriate body to consider his complaint.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about the Council’s response to his request for information. The information requested relates to an alleged assault, suffered by Mr X.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. This includes complaints about 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not start an investigation into Mr X’s complaint.
7. The issue at the heart of Mr 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 requests for information.
8. 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 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. It can decide if Mr X is entitled to the information he wants. The Ombudsman cannot. Mr X should therefore approach the ICO about his concerns because it can give him the outcome he wants.

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Final decision

9. We will not investigate Mr X’s complaint because there is another body better placed to consider his complaint.

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Investigator's decision on behalf of the Ombudsman