Summary: We will not investigate this complaint about the Council’s handling of a subject access request. This is because it is late and because it is about a data matter that has already been considered and decided by the Information Commissioner’s Office. We cannot question or consider its decision.

The complaint

1. Mr X complains on behalf of Mr Y about the Council’s handling of a subject access request he made in February 2024 which he says has been compounded by the Information Commissioner’s Office’s failure to exercise proper regulatory oversight.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. We do not start 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))
5. 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)
6. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Information Commissioner’s Office. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We will not investigate this complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person first becoming aware of the matter. Mr Y was aware of the matter when he received the Council’s response to his subject access request in April 2024 and he then complained to the Information Commissioner’s Office (ICO) about it. There are no good reasons to exercise discretion to consider this late complaint now.
10. Further to this, whilst this complaint is late it is not a matter we would investigate even if it had been made to us within 12 months. This is because it is about a data matter which is best considered and decided by the ICO and the ICO has already considered and decided it. The ICO issued its final response to Mr Y in September 2024 following a review of its decision. We cannot question or investigate the ICO’s actions or its decision on Mr Y’s complaint. It is not a body the law says we can investigate.
11. The ICO’s final response letter explains to Mr Y that if he remains dissatisfied with its service or he believes it has not treated him properly or fairly then he can complain to the Parliamentary and Health Service Ombudsman about it. It also explains he can take the matter to court under data protection legislation.

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Final decision

12. We will not investigate this complaint. The complaint is late and there are no good reasons to exercise discretion to consider it now. This complaint is about matters for the ICO to consider and it has already done so. We cannot investigate or consider the ICO’s actions or question its decision.

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Investigator's decision on behalf of the Ombudsman