Sandwell Metropolitan Borough Council (25 020 927)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 12 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about how the Council responded to her request for information. This is because complaints about access to information are best considered by the Information Commissioner.
The complaint
- Mr Y complains on behalf of Mrs X about how the Council responded to her request for information. Mr Y also complains about poor complaint handling.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- 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
- Mr Y complained on behalf of Mrs X about delays in responding to her subject access request. He also complained about delays in complaint handling.
- I will not investigate this complaint. Complaints about such matters are best considered by the Information Commissioner’s Office (ICO). Mr Y also complains about the Councils poor handling of Mrs X’s complaint. 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.
Final decision
- We will not investigate this complaint because it is reasonable to expect Mrs X to raise her concerns with the ICO.
Investigator's decision on behalf of the Ombudsman