Tonbridge and Malling Borough Council (26 016 192)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 20 Sep 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with Ms X’s request for information. The Information Commissioner’s Office is better placed to consider and decide complaints about data protection.
The complaint
- Ms X complains about how the Council responded to her Subject Access Request (SAR). Ms X says the Council withheld information, did not preserve information and did not appropriately store her data.
- Ms X says this caused her to lose confidence in the Council’s data handling and caused her stress.
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 the 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 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Information Commissioner’s Office (ICO) was set up by parliament to enforce data protection legislation. The ICO can investigate complaints about data protection, including complaints about how an organisation handles a SAR.
- We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect Ms X to complain to the ICO.
Final decision
- We will not investigate Ms X’s complaint because the ICO is better placed to consider and decide complaints about data protection.
Investigator's decision on behalf of the Ombudsman