Summary: We will not investigate Miss X’s complaint about the Council’s failure to provide the information she requested in a subject access request. This is because the complaint is about a data issue which is best considered by the Information Commissioner’s Office.

The complaint

1. The complainant, Miss X, complains about the Council’s handling of her request for information via a subject access request. Miss X says the Council has delayed in responding and has not provided the information she requested.

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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 impact 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 or continue 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))
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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained to the Council that it was delaying in responding to her subject access request.
7. The Council told Miss X the delay was caused by record demand on its service and that it was responding to data requests in the order in which they were received. It also informed Miss X that internal access to the documents she requested was restricted due to the confidential nature of some of the information held which meant it could not access them.
8. We will not investigate Miss X’s complaint. This is because this is a complaint about a data matter which is best considered by the Information Commissioner’s Office which is the body set up to consider complaints about data issues such as this.

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Final decision

9. We will not investigate Miss 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