London Borough of Hackney (24 019 069)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 12 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council has dealt with a subject access request. This is because the Information Commissioner is better placed to consider the matter.
The complaint
- Ms X complains that the Council has failed to provide her with information she requested when making a subject access request. Ms X says she has complained to the Information Commissioner’s Office (ICO) who upheld her complaint but the Council has yet to provide the information she requested.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Ms X’s complaint. This is because the ICO are better placed to deal with the matter. I note that she has complained to the ICO who she says have upheld her complaint. If Ms X’s feels the Council has still failed to provide the information requested she will need to go back to the ICO and ask if it will escalate the matter further.
Final decision
- We will not investigate Ms X’s complaint because the ICO is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman