Summary: We will not investigate this complaint about how the Council dealt with the complainant’s subject access request. The Information Commissioner is better placed to deal with the complaint.

The complaint

1. Ms X complains about how her subject access request and subsequent complaint were handled.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

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

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My assessment

6. I will not investigate Ms X’s complaint. This is because complaints about the handling of subject access requests are best considered and decided by the Information Commissioner’s Office (ICO) which is the body set up to consider complaints about such matters. 
7. Ms X complains about how the Council has dealt with her complaints about these matters. However, it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman