Marcel Bard v The Information Commissioner

Facts

The applicant, Marcel Bard, complained to the Information Commissioner on 20 May 2026 about a subject access request made to Blacks Solicitors LLP. On 1 July 2026 the Commissioner emailed him to say that the complaint was still with the Commissioner and had not yet been allocated to a case officer. On a Form GRC3 dated 16 July 2026, less than two months after the complaint, the applicant applied to the First-tier Tribunal (General Regulatory Chamber) for an order under section 166(2) of the Data Protection Act 2018. He sought an order requiring the Commissioner to progress the complaint, specifically by issuing an enforcement notice to the firm. In Case Management Directions dated 10 August 2026, Judge Barrett gave notice that the application might be struck out under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 as having no reasonable prospect of success. The applicant was invited to make submissions, in line with rule 8(4) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. He did make submissions, but apart from a brief remark that no 'outcome' had been given on his complaint, they did not explain how the application met the requirements of section 166 and the case law. The matter was decided without a hearing.