Summary: We will not investigate this complaint about the Council’s response to a subject access request as this is best dealt with by the Information Commissioner’s Office.

The complaint

1. Mr X complains the Council has repeatedly failed to respond to the subject access request (SAR) he made to it. Mr X says this has caused him stress and made him feel he has no rights.

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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/information rights. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of access to information rights. It is best placed to assess the Council’s response to Mr X’s SAR and to say what the Council should do to put things right, if it has not dealt with the request properly. For this reason, we will not investigate.

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Final decision

6. We will not investigate Mr X’s complaint because it is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman