The Ombudsman's final decision
Summary: We will not investigate Miss Y’s complaint about the Council’s handling of her request for information. The Information Commissioner is better placed to consider and decide complaints about data protection.
The complaint
Miss Y complained the Council mishandled her subject access request and did not complete it in the timeframe the law allows.
Miss Y said this caused distress and frustration.
Miss Y wants the Council to complete the subject access request, apologise, review its processes and compensate her.
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 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 Y.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner (ICO) enforces data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
We will not investigate this complaint. The ICO is better placed to consider and decide complaints about data protection. It is reasonable to expect Miss Y to complain to the ICO.
Final decision
We will not investigate Miss Y’s complaint because the ICO is better placed to consider complaints about data protection.
Investigator's decision on behalf of the Ombudsman