Summary: We will not investigate this complaint about how the Council dealt with requests for information. The Information Commissioner is better placed to consider and decide the matter, and we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complained about how the Council processed his subject access request (SAR).
2. Mr X said the Council did not follow statutory timescale, did not consider his complaints about this and, when it did issue the SAR, there were omissions.
3. Mr X said this caused him distress and has prevented him from seeking correction of records he suspects will be inaccurate.
4. Mr X wants the Council to respond to his complaint and for a named Council officer to apologise to him for providing inaccurate information. Mr X also wants to be compensated.

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The Ombudsman’s role and powers

5. 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, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. 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

7. I considered information provided by Mr X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We will not investigate this complaint as Mr X can complain to the Information Commissioner’s Office (ICO). The ICO is better placed to consider his concerns. The ICO was set up by parliament to examine complaints about a person’s information rights. This includes delays and omissions.
10. We will not investigate how the Council has dealt with Mr X’s complaint. It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to deal with the substantive issue.
11. Also, we cannot achieve the outcome Mr X wants. We cannot award compensation, only a court can do this. An individual may go to court to claim compensation for damage or distress caused by any organisation if they have breached the Data Protection Act 2018.

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Final decision

12. We will not investigate Mr X’s complaint because the Information Commissioner is better placed to consider and decide the matter, and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman