The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council delayed in responding to a request for personal information as it is reasonable to expect Ms X to seek compensation through the courts. Ms X’s complaint about missing information is best dealt with by the Information Commissioner’s Office.
The complaint
Ms X complains it took the Council six years to provide personal information she had requested from it and that some of the information is still missing. Ms X says this has impacted on a court case which was dismissed as she was unable to provide these records to it. Ms X seeks compensation for this and the delay.
The Ombudsman’s role and powers
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot determine what damages have been caused to Ms X or what compensation should be paid. Only the courts can do this and data protection law gives an individual the right to seek compensation through the courts if a request for personal information (subject access request) is mishandled.
Anyone can make a money claim through the court or Ms X could ask a solicitor to take on her case. Some solicitors do such work on a conditional fee basis (where a claimant pays no fee unless a claim is successful) or Ms X may be entitled to legal aid to make a claim.
I consider it is reasonable to expect Ms X to resort to court action for the compensation she seeks.
The Information Commissioner’s Office (ICO) is the UK’s independent authority on information rights and data protection matters and is best placed to deal with Ms X’s complaint that the Council has failed to provide all the information she requested.
For these reasons, we will not investigate.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect her to resort to court action for the compensation she seeks and her complaint about missing information is best dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman