Reading Borough Council (25 032 094)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 03 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council refusing Miss X’s subject access request. The Information Commissioner’s Office is best placed to consider this issue.
The complaint
- Miss X complains the Council had refused her subject access request (SAR). She said this has caused her significant distress. Miss X wants the Council to provide her with the information she requested.
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’s Office (ICO) 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.)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X submitted a SAR to the Council. The Council responded and said it deemed her request to be invalid as it said it did not hold records that could be disclosed.
- We will not investigate this complaint. We cannot decide what information a council should release or how it should respond to freedom of information requests. The Ombudsman normally expects someone to complain to the ICO if they have a complaint about data protection. This is because the ICO is better placed to consider and decide such matters.
Final decision
- We will not investigate Miss X’s complaint. This is because the Information Commissioner’s Office is best placed to consider the issue.
Investigator's decision on behalf of the Ombudsman