Summary: We will not investigate this complaint about how the Council has dealt with a subject access request because it is a matter best dealt with by the Information Commissioners Officer.

The complaint

1. Ms X complains about how the Council has dealt with a Subject Access Request (SAR). She says she has been unable to open the file the Council has provided and wants reassurances that the information will be retained.

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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 and the Council.
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 regulator in respect of data protection matters including how authorities deal with requests for information including SARs. The ICO is therefore best placed to deal with Ms X’s complaint. I will therefore not investigate.

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Final decision

7. We will not investigate Ms X’s complaint because the ICO are better placed to consider the issues raised.

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Investigator's decision on behalf of the Ombudsman