East Suffolk Council (25 022 225)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 26 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council handled Ms X’s information request. The Information Commissioner’s Office is better placed to deal with this matter.
The complaint
- Ms X complains that the Council keeps mishandling her personal data and will not give her the information she asked for. The Council keep’s changing her identity records without permission and has ignored her notice that restricts processing. It also treated her personal data request as a Freedom of Information request, which is wrong.
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 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))
- 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
- The Council says it has already given Ms X all the information she asked for under data‑protection law.
- It says it confirmed the lawful basis, gave her the privacy notices, and corrected her name as requested.
- I will not investigate Ms X’s complaint about how the Council handled her subject access request. The ICO is best placed to consider complaints about how public bodies deal with requests for information.
Final decision
- We will not investigate Ms X’s complaint because the ICO is better placed to deal with her complaint about how her request for information was dealt with.
Investigator's decision on behalf of the Ombudsman