Summary: We will not investigate this complaint about the Council's handling of an information request as this is best dealt with by the Information Commissioner's Office. We will not investigate how the Council dealt with Mr X’s complaint about this, as in isolation, this does not cause Mr X a level of injustice that would warrant our further involvement.

The complaint

1. Mr X complains about a several month delay by the Council in dealing with his request for it to review its response to an information request he made to it. Mr X also complains the Council failed to properly deal with the complaint he made to it about this. Mr X says this has caused him frustration and wasted time.

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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 any fault has not caused injustice to the person who complained (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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection and information rights. It is best placed to assess how the Council dealt with Mr X’s information requests and whether he is entitled to information he says the Council still hasn’t supplied to him.
7. I recognise that Mr X remains unhappy about the Council’s handling of his complaint about this matter, but we will not investigate, as in isolation this does not cause Mr X a level of injustice that would warrant our further involvement.

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Final decision

8. We will not investigate Mr X’s complaint because the ICO is best placed to assess the Council's response to his requests for information and there is insufficient injustice caused to Mr X from any fault in the Council's handling of his complaint, in isolation, to justify our further involvement.

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Investigator's decision on behalf of the Ombudsman