Summary: We will not investigate Mr X’s complaint about the Council’s handling of, and response to, his subject access request. This is because this is a complaint about matters best considered and decided by the Information Commissioner’s Office.

The complaint

1. Mr X complains about the Council’s handling of, and response to, his subject access request (SAR). He says the Council delayed in responding to his SAR and did not provide all the information he requested, including unredacted documents. He says this has negatively impacted a claim he made to the county court.

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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 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))
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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complains about the matters set out in paragraph 1, above. We have previously considered and decided a complaint from Mr X about some of these matters in 2024. We will not consider them again here as we are unable to consider complaints about the same matters more than once.
8. We decided not to investigate Mr X’s previous complaint because it was about data matters best considered by the Information Commissioner’s Office (ICO).
9. The Council has issued its final response on the matter and it has signposted Mr X to the ICO if he remains dissatisfied.
10. We will not investigate Mr X’s complaint. This is because it is made in relation to data matters which are best considered and decided by the ICO rather than this office. It is the body set up to consider complaints about data matters such as this.

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Final decision

11. We will not investigate Mr X’s complaint because it is about matters best considered and decided by the ICO.

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Investigator's decision on behalf of the Ombudsman