Summary: We will not investigate this complaint about the Council failing to respond to Mrs X’s subject access request. The Information Commissioner’s Office is best placed to consider this issue, and it is not proportionate to investigate the complaints handling issue on its own.

The complaint

1. Ms X complains the Council has failed to respond to her subject access request (SAR). She also said the Council has failed to respond to her complaint. Ms X wants the Council to provide her with the information she has requested.

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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’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.)

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How I considered this complaint

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

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My assessment

6. Mrs X made a SAR in January 2026. The Council provided some information in February and said it would send the rest as soon as possible. In March, it apologised for a further delay.
7. 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. 
8. While Mrs X is also unhappy with the way the Council dealt with her complaint it is not good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about.  We will not therefore investigate this issue separately.

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Final decision

9. We will not investigate Mrs X’s complaint because the Information Commissioner’s Office is best paced to consider the issue.

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Investigator's decision on behalf of the Ombudsman