Summary: We will not investigate Mr X’s complaint about the Council’s responses to his subject access requests. This is because it is about matters best considered by the Information Commissioner’s Office.

The complaint

1. Mr X complains about the Council’s responses to his subject access requests.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint. This is because it is about data matters which are best considered and decided by the Information Commissioner’s Office (ICO) which is the body set up to consider complaints about data matters such as this. The Council signposted Mr X to the ICO in its final response to his complaint, should he remain dissatisfied. It is the body best placed to consider this matter.

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Final decision

7. We will not investigate Mr X’s complaint because the ICO is best placed to consider this matter.

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Investigator's decision on behalf of the Ombudsman