Summary: We will not investigate Mr X’s complaint about the Council’s failure to respond to his subject access request. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. This complaint is best dealt with by another agency.

The complaint

1. Mr X says the Council has failed to action his request for officer notes needed for a court hearing. Mr X says he is being caused anxiety and depression.

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The Ombudsman’s role and powers

2. We investigate 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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))

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How I considered this complaint

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

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My assessment

5. The Information Commissioner's Office (ICO) is the UK's independent authority on information rights matters. It is best placed to determine if the Council has responded correctly to Mr X’s requests. So, we will not investigate.

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Final decision

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

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman