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London Borough of Croydon (25 026 693)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 10 Jun 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s failure to comply with a subject access request under the data protection legislation. It was reasonable for Miss X to make a complaint to the Information Commissioner about this matter. We will not investigate the Council’s handling of a complaint by Miss X because the procedure is ongoing.

The complaint

  1. Miss X says the Council failed to fully comply with her subject access request under the Data Protection Act 2018 (GDPR). She says it delayed beyond the timescale set out in the legislation and also delayed responding to her complaint.

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The Ombudsman’s role and powers

  1. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X says she made a complaint to the Council which was poorly handled. She says she experienced delay and miscommunication in the handling of the stage 1 complaint. This was then closed. She made a subject access request under the GDPR and this was not completed in the required timescale and did not cover all the information she requested.
  2. We cannot investigate the complaint about how her complaint was handled because the Council has confirmed that the matter is ongoing at Stage 2 of the procedure.
  3. The legislation from which we take our powers also places some restrictions on what we may investigate. One of these concerns complaints about access to information. The office of the Information Commissioner is the body which deals with complaints about data protection and freedom of information. It was reasonable for Miss X to complain about her subject access request to this authority.

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Final decision

  1. We will not investigate this complaint about the Council’s failure to comply with a subject access request under the data protection legislation. It was reasonable for Miss X to make a complaint to the Information Commissioner about this matter. We will not investigate the Council’s handling of a complaint by Miss X because the procedure is ongoing.

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Investigator's decision on behalf of the Ombudsman

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