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

The complaint

1. Mr X complained about the Council’s decision not to process his subject access requests.
2. Mr X said this caused frustration and is preventing him from holding the Council to account.
3. Mr X wants the Council to process his subject access requests in line with the Data Protection Act 2018.

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The Ombudsman’s role and powers

4. 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))
5. 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

6. I considered information provided by Mr X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Information Commissioner’s Office (ICO) enforces data protection legislation. The ICO can investigate complaints about data protection. 
9. We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect Mr X to complain to the ICO.

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Final decision

10. We will not investigate Mr 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