Summary: We will not investigate this complaint about the Council’s handling of a request for information. This is because the Information Commissioner is better placed to consider it.

The complaint

1. Mr X complains the Council has not responded to his Subject Access Request (SAR) made in November 2025. He says this has caused him anxiety and depression as he needs this information.

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The Ombudsman’s role and powers

2. 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)).
3. 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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains the Council has not provided the information he asked for about his personal data. The Council has informed Mr X it is experiencing a significant backlog in dealing with these requests.
7. The Information Commissioner can decide whether the Council is at fault and, if so, what to do about it. The Information Commissioner has the relevant expertise and powers, so is better placed than the Ombudsman to decide this.

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Final decision

8. We will not investigate Mr X’s complaint because the Information Commissioner is better placed to consider it.

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Investigator's decision on behalf of the Ombudsman