Reading Borough Council (24 022 917)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 01 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his Subject Access Request. The Information Commissioner’s Office is the appropriate body to consider his complaint.
The complaint
- Mr X complains that the Council has delayed responding to his Subject Access Request (SAR).
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 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))
- 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 the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Mr X’s complaint. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes failing to disclose information somebody is entitled to or taking too long to deal with requests.
- There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. This applies here and Mr X should therefore approach the ICO about his concerns.
Final decision
- We will not investigate Mr X’s complaint because the ICO is the appropriate body to consider his complaint.
Investigator's decision on behalf of the Ombudsman