Summary: We will not investigate this complaint about how the Council handled a Subject Access Request. This is because there is another body best placed to consider it.

The complaint

1. Miss X complained the Council failed to respond to her subject access request she made to access her children’s records. She said the Council did not respond to her complaint.
2. She said it caused significant distress and frustration. She wants the Council to provide the requested records without delay and apologise.

Back to top

The Ombudsman’s role and powers

3. 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))
4. 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.)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Miss X said the Council did not respond to her SAR regarding her children’s records. In its response the Council apologised for its delayed communication and confirmed it had now provided the requested information to Miss X.
8. If Miss X believes the Council did not comply with its obligations under data protection law, this would be a matter for the ICO.
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because there is another body best placed to consider it.

Back to top

Investigator's decision on behalf of the Ombudsman