Summary: We will not investigate this complaint about the Council’s handling of a request for information. The Information Commissioner is better placed to consider and decide the matter.

The complaint

1. Ms Z complains the Council failed to respond to her subject access request from May 2025 within the statutory timescales. She complains it failed to give a lawful extension and ignored or dismissed her follow-up correspondence. Ms Z complains the request remains outstanding despite the Information Commissioner’s Office’s (ICO) finding that the Council had breached data protection legislation.
2. Ms Z says the information requested related to her child’s Education, Health and Care Plan and education. She says the Council’s failure to respond meant she could not access important information to participate effectively in an ongoing SEND Tribunal appeal.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The ICO considers complaints about the quality and timeliness of subject access request responses. It is not for the Ombudsman to trespass on the ICO’s role. If Ms Z considers the Council has breached data protection rules, the ICO is better placed to consider a complaint about this. In the event Ms Z has already complained to the ICO, we will not separately investigate the matter. So, we will not investigate this complaint.

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Final decision

8. We will not investigate Ms Z’s complaint because it is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman