Summary: We will not investigate this complaint about how the Council dealt with Ms X’s request for information. The Information Commissioner is better placed to deal with complaints about data protection.

The complaint

1. Ms X complained the Council did not process her subject access request within statutory timeframe. Ms X is a former looked after child.
2. Ms X said this caused distress.
3. Ms X wants the Council to process her subject access request and offer her a symbolic financial remedy to recognise the delay she has experienced.

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The Ombudsman’s role and powers

4. 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))
5. 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

6. I considered information provided by Ms X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Information Commissioner’s Office (ICO) is the regulator for information rights and oversees complaints involving personal data. It has recently published guidance to Councils about people’s right to access their care records.
9. We will not investigate this complaint. Ms X has already complained to the ICO, who are better placed to consider and decide complaints about data protection.
10. An individual may go to court to claim compensation for damage or distress caused by any organisation if they have breached the Data Protection Act 2018. Ms X has already issued a Letter Before Action to the Council.

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Final decision

11. We will not investigate Ms X’s complaint because the ICO is better placed to consider and decide complaints about data protection.

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Investigator's decision on behalf of the Ombudsman