South Tyneside Metropolitan Borough Council (26 004 750)
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’s alleged failure to respond to a Subject Access Request. This is because Mrs X’s complaint is best considered by the Information Commissioner’s Office and we have no powers to investigate if somebody has started court action.
The complaint
- The complainant, Mrs X, complained the Council has failed to respond to her request for information made as a Subject Access Request. Mrs X says the Council’s failure to respond has caused distress and avoidable time and trouble.
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. This includes access to information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Mrs X’s complaint. This is because it is best considered by the Information Commissioner’s Office as the expert body set up by Parliament to consider such complaints. Also, Mrs X says she has started court action, and we have no powers to consider a complaint in such circumstances.
Investigator's decision on behalf of the Ombudsman