Summary: We will not investigate Mrs X’s complaint about how the Council handled requests for information. The Information Commissioner is better placed to consider and decide complaints about data protection.

The complaint

1. Mrs X complained the Council did not properly process subject access requests, and about omissions and errors in the information it holds.
2. Mrs X said this caused distress and frustration.
3. Mrs X wants the Council to complete the subject access requests, apologise and review its processes.

Back to top

The Ombudsman’s role and powers

4. 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))
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by Mrs X.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Information Commissioner (ICO) enforces data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
9. We will not investigate this complaint. The ICO is better placed to consider information rights complaints. This includes delays and rectification matters. It is reasonable for Mrs X to complain to the ICO.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because the ICO is better placed to consider and decide complaints about data protection.

Back to top

Investigator's decision on behalf of the Ombudsman