Summary: We will not investigate this complaint about the Council’s response to Ms X’s subject access request. The Information Commissioner’s Office is better placed than us to consider this matter.

The complaint

1. Ms X said the Council failed to respond properly to her subject access request (SAR) and failed to comply with the Information Commissioner’s Office.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Complaints about responses to SARs are matters for the ICO. We cannot act to enforce an ICO decision and Ms X could return to the ICO.

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Final decision

6. We will not investigate Ms X’s complaint because the ICO is better placed to consider it.

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Investigator's decision on behalf of the Ombudsman