Summary: We will not investigate Mr Y’s complaint about how the Council handled his request for information. The Information Commissioner is better placed to consider this issue.

The complaint

1. Mr Y complained the Council did not provide him with information that he sought about a deceased relative and has classified his complaint as a service request wrongly.
2. Mr Y said this has caused him distress.
3. Mr Y wants the Council to provide him with the information that he has asked for.

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The Ombudsman’s role and powers

4. 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))
5. 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

6. I considered information provided by Mr Y.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. 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.
9. 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.
10. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

11. We will not investigate Mr Y’s complaint because the ICO is better placed to consider the issue.

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Investigator's decision on behalf of the Ombudsman