Summary: We will not investigate this complaint about a request for information. The Information Commissioner’s Office is best placed to consider the matter.

The complaint

1. Mr X complained the Council lost a document belonging to him, which caused him distress, as well as lost opportunity and earnings. He wanted the Council to provide original copies of his records.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

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

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My assessment

7. Mr X’s complaint is about the Council’s response to his Subject Access Request (SAR). This is a request made under data protection legislation.
8. The Information Commissioner’s Office (ICO) is the body that deals with complaints about how organisations handle people’s personal data. The ICO is best placed to consider the matter and to require the Council discloses information, if appropriate.
9. Mr X’s complaint also includes that a Council officer lost a document belonging to him in around 2010. The law says people must bring complaints to us within 12 months of becoming aware of the matter. There is not a good reason for the delay in Mr X bringing this matter to the Ombudsman, especially given that Mr X was pursuing this matter with the Council several years ago.
10. The ICO will not make recommendations relating to a financial remedy (or ‘compensation’). Mr X told the Council he is seeking £90,000 to compensate him for the impact of these events. He sent it a message titled ‘pre-action protocol’, indicating he intends to take legal action relating to this. It is reasonable for him to do so as we could not achieve a significant sum of compensation like the courts can.

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Final decision

11. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is best placed to consider the matter

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Investigator's decision on behalf of the Ombudsman