David Miles – Court Ruling (United Kingdom, 2023)

In September 2021, David Miles submitted a subject access request (SAR) to Brentwood Ursuline Convent High School (BUCHS). Dissatisfied with their response, Miles complained to the Information Commissioner in February 2022. When no progress was made on his complaint, Miles applied to the Tribunal in March 2023, seeking a directive for a response from the Information Commissioner's Office (ICO). His application to the Tribunal was prompted by the lack of action from the ICO in addressing his complaint. Subsequently, the ICO communicated with BUCHS and reported back to Miles, asserting that appropriate steps had been taken. The application was filed to prompt action from the ICO, which had not effectively responded to his initial complaint about BUCHS's handling of his SAR. The First-tier Tribunal (General Regulatory Chamber) struck out the application, finding no reasonable prospect of success for the appellant's case. The ruling emphasized that the Tribunal's role is not to judge the merits of the underlying complaint or the substantive outcome of the Commissioner’s investigation but to assess the appropriateness of the Commissioner's steps in response to a complaint. The Commissioner’s actions post-application were deemed appropriate, rendering the application unnecessary and disproportionate to continue.