Summary: We will not investigate this complaint about the Council’s handling of the complainant’s Subject Access Requests (SARS). This is because she has taken the complaint to the Information Commissioner’s Office (ICO), which is the body set up by parliament to consider such complaints.

The complaint

1. The complainant, who I refer to here as Ms D says that the Council:
• Has not provided her with responses to her SARs; and
• Has refused to provide information relating to her biological father.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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What I found

3. Ms D asked the Council to provide records relating to her early life and to her biological father, under two SARs.
4. The Council said that it was unable to provide the information relating to Ms D due to a cyber attack which has made it impossible to retrieve records.
5. It said that it could not provide information relating to her father due to data protection considerations.
6. Although Ms D has complained to the LGSCO we will not consider the complaint. This is because the Council referred Ms D to the ICO, which is the appropriate body to consider such complaints, and Ms D has complained to the ICO.

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Final decision

7. We will not investigate the complaint as Ms D has complained to the ICO.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman