Summary: We will not investigate this complaint about the Council's response to a subject access request as this is best dealt with by the Information Commissioner's Office.

The complaint

1. Mr X complains the Council has failed to comply with its obligations under data protection law by refusing to comply with his subject access request (SAR). Mr X says this has prevented him from starting legal action in a compensation case.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection matters and is best placed to deal with Mr X’s complaint. The ICO has enforcement powers and can take action against a data controller or processor if they fail to comply with data protection legislation.
7. We are not empowered to determine if there has been a breach of data protection law or to take enforcement action against the Council.
8. Data protection law also provides that a requester may apply for a court order requiring compliance with a SAR. It may be that this route is also available to Mr X to obtain the outcome he seeks.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because it is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman