The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Ms Y’s Subject Access Request. The Information Commissioner’s Office is the appropriate body to consider Ms Y’s complaint, and we cannot achieve the outcome she seeks.
The complaint
Ms Y complains the Council has delayed responding to her Subject Access Request (SAR).
Ms Y also complains the Information Commissioner’s Office has not progressed her complaint about this.
The Ombudsman’s role and powers
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)) 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)
How I considered this complaint
I considered information provided by Ms Y.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to obey data protection legislation. This includes taking too long to deal with requests.
Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. This applies here.
Ms Y has already approached the ICO about her complaint. The ICO told Ms Y they are experiencing delay in assigning cases to investigators. The ICO did not tell Ms Y it would not consider her complaint.
Ms Y would like compensation for the Council’s handling of her SAR. We cannot achieve Ms Y’s desired outcome. Only a court can award compensation.
Final decision
We will not investigate Ms Y’s complaint. The ICO is better placed to consider this complaint, and Ms Y has already approached them. We also cannot achieve the outcome Ms Y is seeking.
Investigator's decision on behalf of the Ombudsman