Summary: We will not investigate Mrs X’s complaint about the Council’s failure to respond to her subject access request. This is because this is a complaint about a data matter which is best considered by the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council’s failure to respond to her subject access request.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start 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))
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complains about the Council’s failure to respond to her subject access request.
8. We will not investigate this complaint. This is because this is a matter best considered by the Information Commissioner’s Office which is the body set up to consider complaints about data matters such as this.

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Final decision

9. We will not investigate Mrs X’s complaint because it is about a data matter which is best considered by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman