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

The complaint

1. Miss X complained about how the Council responded to her information request. Miss X said it redacted documents and refused to provide other information.

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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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Information Commissioner’s Office (ICO) enforces data protection legislation.  The ICO can investigate complaints about data protection, including about how the Council responded to information requests.  
6. We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect Miss X to complain to them. 

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Final decision

7. We will not investigate Miss X’s complaint because the Information Commissioner is better placed to consider it.

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Investigator's decision on behalf of the Ombudsman