Summary: We will not investigate how the Council dealt with Mr X’s subject access requests as this is best dealt with by the Information Commissioner's Office.

The complaint

1. Mr X complains the Council failed to respond to numerous subject access requests he made to it about a planning matter. Mr X says this has had a significant impact on him as he needs the information for legal reasons.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection and information rights. It is best placed to decide if Mr X is entitled to the information he has requested and to assess how the Council has dealt with his requests. It is reasonable therefore to expect Mr X to complain to the ICO and we will not therefore investigate.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman