Summary: We will not investigate this complaint about the Council’s handling of Mrs Y’s request for information. The Information Commissioner is better placed to consider and decide complaints about data protection.

The complaint

1. Mrs Y complained there were delays, omissions, mistaken sharing of third-party data and poor communication following her subject access request (SAR) to the Council.
2. Mrs Y said this caused frustration and distress.
3. Mrs Y wants the Council to apologise, review its processes and offer a suitable remedy.

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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)

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How I considered this complaint

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

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My assessment

8. Mrs Y said the Council did not complete her SAR within statutory timescale. When it did, it disclosed personal information about a third party. Mrs Y also said there was poor communication and delay in carrying out an internal review of the SAR.
9. 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.
10. We will not investigate this complaint. The Ombudsman normally expects someone to complain to the ICO if they have a complaint about data protection. This is because the ICO is better placed to consider and decide such matters. This applies here.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman