Summary: We will not investigate this complaint about the Council’s failure to comply with a ruling made by the Information Commissioner’s Office. This is because this complaint relates to personal data and is a matter best dealt with by the Information Commissioner’s Office.

The complaint

1. Ms X complained the Council failed to comply with a ruling made by the Information Commissioner's Office.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

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

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My assessment

6. Ms X complained to the Information Commissioner’s Office (ICO) after the Council failed to provide personal data she asked for. The ICO instructed the Council to provide the personal data.
7. Ms X has brought the complaint to us because she is unhappy the Council has still not provided the information she requested. The Ombudsman will not investigate complaints regarding personal data as this is a matter best placed for the ICO to deal with. The ICO was set up to oversee and consider complaints involving personal data. It would therefore be reasonable for Ms X to refer the complaint to the ICO.

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Final decision

8. We will not investigate Ms X’s complaint because this complaint relates to personal data and is a matter best dealt with by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman