Liverpool City Council (22 002 619)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 08 Jun 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council responded to a Subject Access Request. This because the complainant can complain to the Information Commissioner.
The complaint
- The complainant, whom I refer to as Mr X, says the Council did not reply to a Subject Access Request (SAR) he made in October 2021. Mr X wants compensation and to know why the Council has not complied with the General Date Protection Regulation (GDPR).
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We normally expect someone to refer the matter to the Information Commissioner (ICO) 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 Mr X and the Council. This includes the SAR review response. I also considered our Assessment Code.
My assessment
- Mr X made a SAR in October. The Council responded in November and said it could not disclose the information. Mr X challenged the decision.
- The Council reviewed the decision and responded in March. It apologised for the delay in replying. The Council said the November decision was wrong because there was some information it could have disclosed. As part of the review reply the Council disclosed some information to Mr X and explained why it could not disclose the rest of the information he had requested. The Council signposted Mr X to the ICO if he was dissatisfied with the outcome.
Final decision
- We will not investigate Mr X’s complaint because he can complain to the ICO. It is reasonable to expect him to complain to the ICO because that is the appropriate body to consider complaints about alleged breaches of the GDPR and the way an organisation has responded to a SAR.
Investigator's decision on behalf of the Ombudsman