Leicester City Council (25 007 798)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 17 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about how the Council responded to his subject access request, because complaints about data matters are best considered by the Information Commissioner’s Office.
The complaint
- Mr X says that the Council failed to respond to his subject access request and did not give him a reason for this. He says he asked them to respond four times. Mr X says that he did not have the information he needed to defend his rights and prepare for insurance and legal claims.
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 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)
- 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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the council did not respond to his subject access request and did not give a reason why. He says he needed the information to defend his rights and prepare for insurance and legal claims. He says this has put him at risk of illegal eviction and caused him distress and financial harm. Mr X wants the council to share the information immediately.
- We will not investigate this complaint about Mr X’s right of access. Complaints about such matters are best considered by the Information Commissioner’s Office (ICO).
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to raise his concerns with the ICO.
Investigator's decision on behalf of the Ombudsman