Summary: We will not investigate Mr B’s complaint that the Council has not provided information he has requested. This is because Mr B may complain to the Information Commissioner, who is better placed to consider this complaint.

The complaint

1. Mr B complains the Council has not provided information it holds about him which he has requested.

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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 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)

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How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. Mr B may complain to the Information Commissioner about this matter. The Information Commissioner is in the best position to consider data protection complaints. So, we will not investigate this complaint.

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Investigator's decision on behalf of the Ombudsman