The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a Subject Access Request. The Information Commissioner is better placed to consider this part of Mr X’s complaint. And because we will not consider the substantive issues, it is not a good use of our resources to investigate the Council’s complaint handling alone.
The complaint
Mr X complains about the length of time the Council took to review its decision about his subject access request (SAR). He says the Council failed to respond to his complaint about this and focused on other matters instead. He says he was put to time and trouble completing the Council’s complaint form and this added to stressful communication with the Council.
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: any injustice is not significant enough to justify our involvement, or 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) We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X raised concerns about how the Council processed his SAR. Mr X said the Council delayed reviewing its SAR decision. We will not investigate this part of Mr X’s complaint. The Ombudsman does not usually investigate complaints regarding personal data as this is a matter better dealt with by the Information Commissioner’s Office (ICO). The ICO is the regulator for information rights matters and oversees complaints involving personal data.
Based on the evidence I have seen, part of Mr X’s complaint to the Council concerned its handling of an offer of employment. We cannot investigate such employment matters because the restriction in paragraph four above applies.
It is not a proportionate use of our limited resources to investigate the Council’s complaint handling alone when we are not looking at the underlying matters complained of. Any separable injustice is not significant enough to justify our involvement. So, we will not investigate this part of Mr X’s complaint.
Final decision
We will not investigate this complaint about the Council’s handling of a Subject Access Request. The ICO is better placed to consider this part of Mr X’s complaint. And because we will not consider the substantive issues, it is not a good use of our resources to investigate the Council’s complaint handling alone.
Investigator's decision on behalf of the Ombudsman