Summary: We will not investigate this complaint about a request 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 respond to her request for information within statutory timescale, and then wrongly refused to provide the information she sought.
2. Mrs X wants the Council to comply with its statutory data protection duties.

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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 Mrs X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X said the Council did not respond to her request for information within statutory timescale, and when it did respond it refused to provide the information she wanted.
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 Ombudsman normally expects a person 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

10. We will not investigate Mrs X’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