Summary: We will not investigate Mr X’s complaint about the Council’s response to his subject access request. This is because it is a complaint about data matters which are best considered and decided by the Information Commissioner rather than this office.

The complaint

1. Mr X complains about the Council’s response to his subject access request. He says the Council did not provide all the records he requested.

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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 effect 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 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 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))
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about its response to his subject access request.
8. The Council told Mr X complaints about data protection matters such as this are excluded from its complaints scheme. It forwarded Mr X’s complaint to its Information Team to consider and respond to Mr X. It signposted Mr X to this office if he was dissatisfied with its response.
9. We will not investigate Mr X’s complaint. This is because it is about data matters which are best considered and decided by the Information Commissioner’s Office (ICO). It is the body set up to consider complaints about data issues such as this. We will not also consider it.
10. There is no sign of fault in the Council’s decision not to consider this matter via its complaints procedure. The decision was made in line with its published complaints procedure. This explains that complaints about data protection matters are considered by the Council’s Information Team. It also explains that if a complainant is unhappy with the outcome of the Council’s review then they can complain to the ICO.

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Final decision

11. We will not investigate Mr X’s complaint because it is best considered by the ICO rather than this office.

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Investigator's decision on behalf of the Ombudsman