The Ombudsman's final decision
Summary: We will not investigate how the Council dealt with Mr X’s subject access requests as this is best dealt with by the Information Commissioner's Office.
The complaint
Mr X complains the Council failed to respond to numerous subject access requests he made to it about a planning matter. Mr X says this has had a significant impact on him as he needs the information for legal reasons.
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/information rights. 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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection and information rights. It is best placed to decide if Mr X is entitled to the information he has requested and to assess how the Council has dealt with his requests. It is reasonable therefore to expect Mr X to complain to the ICO and we will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because it is best dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman