Summary: We will not investigate Mrs X's complaint about how the Council dealt with her information requests. We cannot decide what information a council should release or whether information has been correctly withheld or redacted. The Information Commissioner is best placed to consider these matters.

The complaint

1. Mrs X complains the Council has not properly dealt with concerns she raised in relation to a dispute involving her property and a local business. She says the Council relied on information provided by a third party but has not disclosed all the information she requested. She says the Council delayed responding to her information requests and did not comply with statutory timescales. She wants the Council to provide the requested information in full and without redactions.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s complaint is about the Council's handling of her information requests and its decision not to disclose information in the form she seeks.
7. The Information Commissioner is the specialist body responsible for considering complaints about access to information and compliance with data protection legislation. The Information Commissioner has powers to consider whether the Council has responded appropriately to the requests, whether information has been withheld correctly and whether any further action is required. It is therefore reasonable for Mrs X to pursue the matter with the Information Commissioner.
8. We will not investigate this complaint because we cannot decide what information a council should release or how it should respond to subject access requests.

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Final decision

9. We will not investigate this complaint because the ICO is better placed to deal with her complaint about how the Council dealt with her information request and her personal data was dealt with.

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Investigator's decision on behalf of the Ombudsman