Summary: We will not investigate this complaint about how the Council responded to Mr X’s information request. The Information Commissioner’s Office is better placed to consider this complaint.

The complaint

1. Mr X complains about delays by the Council in responding to his Subject Access Request (SAR). Mr X also complains the Council did not provide all the documents he requested.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X complained the Council exceeded statutory timeframes when responding to his SAR.
7. Mr X also said the Council did not provide all the documents he requested when it responded to him.
8. Mr X’s complaint would be better placed with the Information Commissioner’s Office (ICO).
9. The ICO was set up by parliament to consider complaints about breaches of data protection legislation.
10. The ICO can consider the delays in the Council’s response and if it has properly responded to Mr X’s SAR.
11. For this reason, we will not investigate this complaint.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to consider it.

Back to top

Investigator's decision on behalf of the Ombudsman