Darlington Borough Council (25 010 117)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 21 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about how the Council has dealt with his requests for information. The Information Commissioner is better placed to deal with the matter.
The complaint
- Mr X complains that the Council has not provided him with information that he asked for under a subject access request.
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
- The Information Commissioner’s Office (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 obey data protection legislation. This includes taking too long to deal with requests.
- 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. This applies here.
Final decision
- We will not investigate Mr X’s complaint because the ICO is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman