Summary: We will not investigate this complaint about how the Council dealt with X’s requests for information. The Information Commissioner is better placed to consider and decide complaints about data protection. 

The complaint

1. X complains about how the Council dealt with complaints they made about the handling of subject access requests.

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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 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) 
4. We will not usually investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), section 34B(8))

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How I considered this complaint

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

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My assessment

7. The Information Commissioner’s Office (ICO) enforces data protection legislation.  The ICO can investigate complaints about data protection. 
8. We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect X to complain to them.
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

10. We will not investigate 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