The Ombudsman's final decision
Summary: We will not investigate this complaint about delay in releasing records under a Subject Access Request. The Information Commissioner’s Office (ICO) is best placed to consider complaints about information handling.
The complaint
Ms G says the Council took more than 17 months to release records under a subject access request. As a result, she was unable to challenge false information about her in those records.
Ms G says this caused her irreparable harm as she was later detained under the Mental Health Act.
The Ombudsman’s role and powers
We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 the complainant which includes the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Ms G’s complaint because the Information Commissioner’s Office (ICO) is best placed to consider complaints about information handling and there is no reason Ms G could not take her complaint there.
Investigator's decision on behalf of the Ombudsman