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

The complaint

1. Mrs X complains the Council has not responded to the subject access request she made to it about her son. Mrs X says this is hampering her efforts to get her son’s needs being looked into.

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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. 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 data protection matters. It is best placed to assess how the Council responded to Mrs X’s request for information via a subject access request and to determine what steps the Council should take if it has not responded properly in this regard. It is reasonable therefore to expect Mrs X to complain to the ICO and we will not investigate.

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Final decision

6. We will not investigate Mrs X’s complaint because it is reasonable to expect her to complain to the ICO.

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Investigator's decision on behalf of the Ombudsman