The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s ongoing delay in responding to her subject access request. This is because this is a complaint about a data matter which the Information Commissioner’s Office is best placed to consider.
The complaint
The complainant, whom I shall call Miss X, complains about the Council’s ongoing delay in responding to her subject access request.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complains about the Council’s delay in responding to the subject access request (SAR) she made in March 2023.
Miss X complained to the Information Commissioner’s Office (ICO) about the delay. The ICO told the Council to respond to Miss X’s SAR by mid-March.
The Council did not meet this deadline and so she has contacted the ICO about it again and hopes it will take action against the Council.
We will not investigate this complaint. This is because it is about a data matter which is best considered by the ICO and Miss X has already contacted ICO on the matter. We will not also consider it as the ICO is the body set up to consider and decide data issues such as this.
Final decision
We will not investigate Miss X’s complaint because it is best considered and decided by the ICO.
Investigator's decision on behalf of the Ombudsman