The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not responding to Mr B’s subject access request. This is because Mr B may complain to the Information Commissioner who is in the best position to consider this complaint.
The complaint
Mr B complains the Council has not responded to his subject access request made under data protection legislation.
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 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B may complain to the Information Commissioner about the Council’s delay responding to his subject access request. The Information Commissioner enforces all data protection legislation and is in the best position to consider a complaint that a public body has not complied with a request for records.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because the Information Commissioner is better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman