The Ombudsman's final decision
Summary: We will not investigate Miss B’s complaint that the Council is taking too long to provide information she requested under a subject access request. This is because there is another body – the Information Commissioner’s Office – better placed to consider this complaint.
The complaint
Miss B complains the Council is taking too long to provide the information she requested under a subject access request in September 2024. Miss B says the Council missed the extended deadline and she is still waiting for the information. Miss B says the ongoing delay has caused her significant emotional and psychological distress.
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 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 Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner enforces all data protection legislation. The main functions of the Information Commissioner’s Office are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
Miss B may complain to the Information Commissioner about the Council’s delay providing the information she requested. The Information Commissioner is in the best position to consider this complaint.
Final decision
We will not investigate Miss B’s complaint because the Information Commissioner is in the best position to consider the issue complained about.
Investigator's decision on behalf of the Ombudsman