Summary: We will not investigate Mrs B’s complaint about the Council’s delay responding to her subject access request. This is because the Information Commissioner is in the best position to consider this complaint.

The complaint

1. Mrs B complains the Council has not responded to her subject access request made in February. Mrs B says the Council has missed the deadline for a response and has not asked for an extension. Mrs B says the Council’s delay has caused her a lot of distress. Mrs B would like the Council to respond to her request. Mrs B would also like the Council to apologise and pay her compensation.

Back to top

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 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)
4. The Act says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mrs B may complain to the Information Commissioner about the Council’s delay providing the records she has requested. The Information Commissioner enforces all data protection legislation and is in the best position to consider a complaint that an organisation has breached data protection legislation.
8. A person may also take an organisation to court to claim compensation for damage or distress if the organisation has breached data protection legislation. I find it is reasonable for Mrs B to take such action if needed.
9. So, we will not investigate Mrs B’s complaint.

Back to top

Final decision

10. We will not investigate this complaint because there is another body – the Information Commissioner – better placed to consider the issue complained about.

Back to top

Investigator's decision on behalf of the Ombudsman