Summary
We will not investigate this complaint about the Council’s failure to respond to Miss X’s Subject Access Request. This is because Miss X has already complained to the Information Commissioner’s Office which is best placed to deal with her complaint.
The complaint
Miss X complains about the Council’s failure to respond to her Subject Access Request (SAR) for her personal data. She says she has not even received an acknowledgement. She says this has affected her health and taken a lot of time and trouble in chasing.
She would like the Ombudsman to investigate as she says the Information Commissioner has no enforcement powers and cannot award compensation.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. This is because it is reasonable for Miss X to keep her complaint with the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices.
The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.
So, it is not correct that the Information Commissioner does not have enforcement powers. Its website details the actions it has taken against various bodies including public bodies.
While it does not have powers to award individuals’ compensation this does not mean the Ombudsman should now intervene. In the way we do not investigate a complaints about complaint procedures if we are not investigating the main issue, we will not investigate complaints about administrative failings when the main issue is best addressed by another body.
Final decision
I will not investigate this complaint. It is reasonable for Miss X to keep her complaint with the Information Commissioner as the most suitable authority to consider her SAR failings.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman