Summary: We will not investigate this complaint that the Council has failed to comply with Mr X’s subject access request as this is best dealt with by the Information Commissioner’s Office (ICO) or the courts.

The complaint

1. Mr X complains the Council has failed to comply with his subject access request for his personal data. Mr X seeks compensation for this as he says he has had to engage professionals to assist and has been caused emotional distress.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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. The Information Commissioner’s Office (ICO) is the UK’s independent authority on data protection matters and it is best placed to deal with the concerns Mr X raises. Mr X can also take his case to court, to ensure compliance by the Council, and to seek compensation from it.
7. For these reasons, we will not investigate.

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Final decision

8. We will not investigate Mr X’s complaint because it is best dealt with by the ICO and/or the courts.

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Investigator's decision on behalf of the Ombudsman