The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to respond to Mr X’s subject access request. This is because this matter concerns personal data; the Information Commissioner’s office is best placed to deal with it.
The complaint
Mr X complained the Council failed to provide information he requested in line the subject access request process. He also complained about the Council’s complaint response.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X made a subject access request to the Council and complained when he did not receive the information within one calendar month. The Council told Mr X it needed three calendar months to respond, and it had previously informed him of this.
Mr X is unhappy with the Council’s actions and the quality of the complaint response he received. The Ombudsman will not usually investigate complaints where there is another body best placed to investigate the matter. The Information Commissioner’s Office (ICO) was set up to oversee complaints regarding data protection. It would therefore be reasonable for Mr X to refer his complaint to the ICO.
Mr X has also complained about the Council’s complaint response. The Ombudsman will not investigate a council’s complaint handling where the substantive issues are not being investigated.
Final decision
We will not investigate Mr X’s complaint because this matter concerns personal data; the Information Commissioner’s office is best placed to deal with it.
Investigator's decision on behalf of the Ombudsman