Summary: We will not investigate this complaint about the Council’s handling of a subject access request. The Information Commissioner is better placed to consider and decide information rights complaints.

The complaint

1. X complains that the Council refused to provide information they requested in a subject access request.

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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. The Information Commissioner's Office considers complaints about freedom of information. So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

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

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My assessment

6. The Information Commissioner’s Office (ICO) enforces legislation regarding information rights. The ICO upholds information rights by promoting openness by public bodies and protecting the privacy of individuals. 
7. We will not investigate this complaint. The ICO considers and decides complaints about how public bodies deal with subject access requests, and it is reasonable to expect X to complain to it. 

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Final decision

8. We will not investigate X’s complaint because the ICO is better placed to consider and decide complaints about information rights.  

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Investigator's decision on behalf of the Ombudsman