South Gloucestershire Council (25 018 552)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 10 Dec 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s decision not to provide her information following her Subject Access Request because the Information Commissioner’s Office is better suited to consider the matter.
The complaint
- Mrs X complained the Council rejected her request for information under a Subject Access Request (SAR).
- Mrs X said the matter caused her frustration and distress.
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 impact 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 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))
- We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection or data processing. 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X asked the Council to provide information it held about her. The Council rejected the request and signposted Ms X to the Information Commissioner’s Office (ICO).
- We will not investigate this complaint. The Council’s decision to refuse Ms X’s request is better suited to the ICO. Parliament created the ICO to consider issues of this nature. I have seen no good reasons the Ombudsman should consider the complaint in place of the ICO, and so we will not.
Final decision
- We will not investigate Ms X’s complaint because the Information Commissioner’s Office is better suited.
Investigator's decision on behalf of the Ombudsman