Somerset West and Taunton Council (20 006 830)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 14 Dec 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Miss X’s complaint about the Council’s handling of her subject access request. This is because complaints about data issues are best considered by the Information Commissioner’s Office.

The complaint

  1. The complainant, whom I shall call Miss X, complains about the Council’s delay in responding to her subject access request. Miss X believes the Council’s response to her data request may be incomplete.

Back to top

The Ombudsman’s role and powers

  1. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
  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)
  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)

Back to top

How I considered this complaint

  1. I considered the information Miss X provided. I sent Miss X a draft of my decision and invited her comments on it.

Back to top

What I found

  1. Miss X complains about the Council’s delay in responding to her subject access request, as it took 6 months to respond. Miss X also questions whether the Council provided all the data she requested.
  2. The Council has upheld Miss X’s complaint about its delay in responding to her information request as it failed to respond within the maximum statutory timeframe.

Back to top

Final decision

  1. We will not investigate this complaint. This is because complaints about data protection matters, such as this, are best considered and decided by the Information Commissioner’s Office.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings