Summary: We will not investigate Ms X's complaint about the Council's handling of her Subject Access Request (SAR). The Information Commissioner is better placed to consider complaints about access to information and compliance with data protection legislation.

The complaint

1. Ms X complains that the Council failed to complete her Subject Access Request (SAR) within the required timescale. She says the Council acknowledged the delay but has still not provided the information requested or confirmed when it will do so. Ms X says this has prevented her from accessing information the Council holds about her. She wants the Council to apologise and complete the SAR without further delay.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X's complaint is about the Council's handling of her Subject Access Request (SAR). She says the Council has delayed responding and has not yet provided the information requested.
7. The Council accepted there had been a delay in processing the SAR. It upheld Ms X's complaint, apologised for the delay and said it would complete the request as soon as possible. The Council has since confirmed the SAR remains outstanding and has advised Ms X of her right to complain to the Information Commissioner.
8. The Information Commissioner is the specialist body responsible for considering complaints about Subject Access Requests, access to information and compliance with data protection legislation. It has powers to investigate such complaints and decide whether an organisation has complied with its obligations.
9. We would normally expect someone complaining about a council's handling of a Subject Access Request to raise their concerns with the Information Commissioner. I have seen no good reason why Ms X could not do so in this case.
10. We will not investigate this complaint because the Information Commissioner is better placed to consider Ms X's concerns about the Council's handling of her Subject Access Request.

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Final decision

11. We will not investigate this complaint because the Information Commissioner is better placed to consider Ms X's concerns about the Council's handling of her Subject Access Request.

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Investigator's decision on behalf of the Ombudsman