Summary: We will not investigate this complaint about how the Council dealt with requests for information. This is because the Information Commissioner is better placed to consider and decide the matter.

The complaint

1. Ms X complained about how the Council handled her subject access requests. Ms X says the Council continues to refer to information she views as inaccurate and is preventing her from challenging this.

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The Ombudsman’s role and powers

2. 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))
3. 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

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

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My assessment

6. The main functions of the Information Commissioner (ICO) are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
7. We will not investigate this complaint. The ICO is better placed to consider and decide Ms X’s complaint, and it is reasonable for her to approach them.

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Final decision

8. We will not investigate Ms X’s complaint because the ICO is better placed to consider and decide the matter.

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Investigator's decision on behalf of the Ombudsman