Summary: We will not investigate Mr X’s complaint about the Council’s handling of his subject access request. This is because this is a complaint about a data matter which is best considered and decided by the Information Commissioner’s Office.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of, and response to, his subject access request.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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))
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about its handling of, and response to, his subject access request.
8. The Council told Mr X that, despite extensive searches, it was unable to find any records relating to Mr X when he was a child from the information he provided and it could not confirm whether he was known to children’s services as a child.
9. Mr X said this was incorrect as he had documents which referred to the Council’s involvement when he was a child and that according to the Council’s retention policy the records should still be held by the Council.
10. Mr X says the Council delayed in investigating and responding to his complaint and this significantly impacted his mental health.
11. In response to our initial enquiries, the Council told us it recently located Mr X’s file and it has provided this to Mr X.
12. We will not investigate Mr X’s complaint. This is because it is about data matters which are best considered by the Information Commissioner’s Office (ICO) which is the body set up to consider complaints about data issues such as this.

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Final decision

13. We will not investigate Mr X’s complaint because it is about data matters which the ICO is best placed to consider and decide.

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Investigator's decision on behalf of the Ombudsman