Warm Front Complaint - can I make a Subject Access Request under DPA?

zzzLazyDaisy

I won't bore you with the details. Warm Front fitted a new boiler for me in April. Their installer left a nut undone on an upstairs radiator in a spare room, causing flooding and hundreds of pounds of damage to the room below. I made a formal complaint, in April, which WF acknowledged - assuring me there would be a thorough investigation and my queries would be answered fully - but since then they have ignored my letters. In May I wrote to them giving them 21 days to resolve the complaint, and in June I sent them a reminder. I have also followed this up with telephone calls. NADA.

Also, on 8th May, the inspector came out and agreed that the installation and service was not up to standard. He said he would visit the contractor, and telephone me to let me know what progress he has made, if any, although he was not hopeful. He did not phone back and since then has not answered my calls.

So what I want to know is, can I make a subject access request under DPA for copies of all documents on my file, including any investigations they may have carried out into my complaint? Or is a SAR only for personal information such as held by employers, banks, doctors etc?

Alternatively, as Warm Front is a public body, would I be better making a request under the Freedom of Information Act?

I intend to write to my MP, but I just want to see what they have done about my complaint - if anything. Also I want to know if WF have paid the contractor - which can only happen if the inspector signs the job off as satisfactory.

Many thanks for your input.

Daisy

MothballsWallet

I think Warm Front still has to comply with the DPA - just send your letter addressed to their main office, for the attention of the Data Controller, with a cheque for a tenner (that's the maximum they can charge as a fee and most companies will charge this even though their systems should be able to print off your records at the touch of a few buttons before posting it).

jemw

you can make a SAR to any company that holds data about you, although the regulations allow firms to charge for providing this (up to £50, I think)

HTH

Tozer

jemw wrote: »

you can make a SAR to any company that holds data about you, although the regulations allow firms to charge for providing this (up to £50, I think)

HTH

The maximum they can charge is £10.

zzzLazyDaisy

Hi, thanks for your replies.

Yes, I knew that the fee is a maximum of £10, and I intend to send a cheque for that amount with my request. An organisation can delay by waiting for weeks and then saying they want their fee before dealing with the request. Since Warm Front have not replied to my letters, I do not want to give them any excuses for not dealing with my request.

The main reason for my post was to find out if DPA subject access request applies to my comnplaint with Warm Front.

On balance I have nothing to lose by making the application (apart from the tenner!) so I'm going to give it a shot. At the very least it might spur them into investigating my complaint!

Tozer

To answer the initial question - they are bound to provide details of all personal data held about you.

Would go careful about FOIA as it is still relatively new and there are exceptions.

Go for Data Protection request.

zzzLazyDaisy

Thanks Tozer, I'd come to that conclusion myself, so it is nice to have it confirmed by a fellow MSE'r