Summary: We will not investigate Mrs X’s complaint about the Council’s response to an information request. This is because it is more appropriate for the Information Commissioner’s Office to investigate. We will also not investigate her complaint about the Council’s decision not to investigate her complaint. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs X complained the Council did not consider her complaint following her subject access request. She believes the Council should examine the policy, culture and process implications stemming from her complaint. Mrs X stated the process has left her feeling stressed. She would like the Council to consider her complaint under its complaints process and provide her with the information she has requested.

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The Ombudsman’s role and powers

2. 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).
3. 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 not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X stated the Council did not investigate her complaint about how it responded to her subject access request.
7. The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of access to information and is best placed to assess whether the Council has properly dealt with Mrs X’s request for information. As such, we will not investigate.
8. In its response to Mrs X’s complaint, the Council told her it would not consider her complaint because matters of data protection are excluded from its complaint’s procedure. The Council signposted Mrs X to the ICO to consider her complaint.
9. The Council acted in line with its Corporate Complaints Policy which states that issues about the right of access to personal data fall under the ICO’s remit. We will not investigate this part of Mrs X’s complaint because there is not enough evidence of fault to justify investigating.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify investigating, and it is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman