Sandwell Metropolitan Borough Council (25 005 567)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 21 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council not responding to her subject access request. It is more appropriate for the Information Commissioner’s Office to consider her complaint.
The complaint
- Miss X complained the Council did not provide the personal information she asked for through a Subject Access Request (SAR).
The Ombudsman’s role and powers
- 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.
- 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).
How I considered this complaint
- I considered information provided by Miss X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X asked the Council to provide her with her personal information in September 2021. Miss X said the Council told her it had received her request, but she has not received any information or documents since then.
- Miss X said she has asked the Council for this information on several occasions over the last four years, but the Council has not provided it to her.
- Should Miss X wish to pursue the complaint it would be more appropriate for her to refer the matter to the Information Commissioner’s Office to consider. This is because the Information Commissioner is better placed to decide whether the Council should release the information and, if the Council refuses, it can order it to do so. This is not an outcome we can achieve.
Final decision
- We will not investigate Miss X’s complaint because it is more appropriate for the Information Commissioner’s Office to consider her complaint.
Investigator's decision on behalf of the Ombudsman