The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council handled Miss X’s Subject Access Request. This is because the Information Commissioner’s Office is best placed to investigate the complaint.
The complaint
Miss X complained the Council’s response to her Subject Access Request (SAR) did not include the full information she requested. She said its response passed the legal deadline. She said it caused her an administrative burden and emotional distress. She wants the Council to disclose all outstanding records or an explanation if they do not exist.
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’s Office (ICO) 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 submitted a SAR to the Council. The Council responded to Miss X’s SAR however Miss X said it did not provide her with the full information she requested and made a formal complaint. In its response the Council apologised for the delay in responding to her request and said it had no further information to release.
We will not investigate this complaint. If Miss X thinks the Council did not handle her SAR request correctly, that would be a matter for the ICO.
Final decision
We will not investigate Miss X’s complaint because the ICO is best placed to investigate the complaint.
Investigator's decision on behalf of the Ombudsman