Summary: We will not investigate this complaint about how the Council dealt with a request for information. This is because the Information Commissioner’s Office is better placed to deal with the matter.

The complaint

1. Ms X complains that the Council has failed to respond to her Subject Access Request (SAR).

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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’s Office 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. The Information Commissioner’s Office (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.
7. I will not investigate Ms X’s complaint. The ICO is better placed to consider and decide complaints about data protection, including delay in processing a SAR.

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Final decision

8. We will not investigate Ms X’s complaint because the ICO is better placed to deal with the matter.

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Investigator's decision on behalf of the Ombudsman