Benjamin Mitchell v The Information Commissioner

Facts

The Applicant, Benjamin Mitchell, made multiple subject access requests to the Department for Work and Pensions between October 2025 and March 2026. Dissatisfied with how they were handled, he complained to the Information Commissioner on 29 March 2026. The Commissioner sought copies of the original requests, the Department's responses and evidence that the complaint had been exhausted at source; after an exchange of correspondence in July 2026, during which the Applicant's representative supplied the key documents, the Commissioner's case officer wrote on 16 July 2026 explaining that his role was regulatory, that he did not act on behalf of individuals, and that he had asked the Department urgently to review its handling of the requests and give a clear final response. The representative then submitted a revised complaint alleging criminal offences by the Department under section 173 of the Data Protection Act 2018; on 29 July 2026 the case officer replied that no evidence of criminal intent had been produced and reminded the Applicant of his right to apply to court. Meanwhile the Applicant had applied to the First-tier Tribunal by form GRC3 dated 4 July 2026, under section 166(2) of the Data Protection Act 2018, for an order directing the Commissioner to respond to his complaint. The Commissioner applied on 4 August 2026 to strike the application out.