The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not providing all the information requested under a subject access request.
The complaint
Miss X complained about the council’s decision to not provide all the information she requested under a subject access request. Miss X stated that this is impacting her ability to apply for a SEN school.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X states that the Council has failed to provide her all the information requested under her subject access request.
The Information Commissioner’s Office (ICO) is UK regulator for data protection and is responsible for enforcing UK GDPR and Data Protection Act 2018. The ICO can investigate the complaint and issue reprimands or enforcement notices, require the council to improve to improve SAR handling and in serious cases impose penalties.
We will not investigate this complaint. This is because the ICO have more extensive powers than we do here, and they were set up to investigate complaints about a person’s data rights. Therefore, it is a more suitable body to investigate this complaint.
Final decision
We will not investigate Miss X’s complaint because it is more appropriate in this instance for ICO to investigate the complaint and the remedy sought about release of information, is in line with their powers.
Investigator's decision on behalf of the Ombudsman