Summary: We will not investigate this complaint about the Council’s handling of requests for information. The Information Commissioner is better placed to consider complaints about information rights.

The complaint

1. Mr X complained about unacceptable delay in the Council processing his subject access request.
2. Mr X said this has prevented him from challenging another matter with the Council.

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The Ombudsman’s role and powers

3. 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))
4. 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

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Information Commissioner (ICO) enforces all information rights 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.
8. We will not investigate this complaint. The ICO is better placed to consider and decide complaints about information rights, and Mr X has already complained to it.

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Final decision

9. We will not investigate Mr X’s complaint because the ICO is better placed to consider and decide complaints about information rights.

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Investigator's decision on behalf of the Ombudsman