London Borough of Camden (24 007 873)

Category : Adult care services > Other

Decision : Closed after initial enquiries

Decision date : 09 Oct 2024

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Council’s response to his Subject Access Request. This is because the Information Commissioner’s Office is better suited to consider the complaint.

The complaint

  1. Mr X complained the Council failed to provide an adequate response to his Subject Access Request.

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The Ombudsman’s role and powers

  1. 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))
  2. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection or data processing, including Subject Access Requests. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We will not investigate Mr X’s complaint that the Council failed to provide an adequate response to his Subject Access Request. This is because Mr X can take the matter to the Information Commissioner’s Office (ICO).
  2. Parliament created the ICO to consider data processing disputes which includes responses to Subject Access Requests. The ICO is better placed than the Ombudsman to consider if the Council should provide the requested information to Mr X, and therefore we will not investigate this complaint.

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Final decision

  1. We will not investigate Mr X’s complaint because he can complain to the Information Commissioner’s Office, which is better suited to consider his complaint.

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Investigator's decision on behalf of the Ombudsman

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