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Data Protection Complaints

Cheshire Pension Fund is administered by Cheshire West and Chester Council as the Administering Authority.

If you think your personal information has not been handled properly in connection with Cheshire Pension Fund, you can make a data protection complaint.

What is a data protection complaint?

A data protection complaint is when you tell us you are unhappy because you believe we have not followed data protection law in the way your personal information has been handled for Fund purposes.

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This could include concerns about:

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  • how we handled a subject access request or another data rights request;

  • the accuracy of the information we hold about you;

  • how long we keep your personal information;

  • how your information has been shared or disclosed;

  • whether we have kept your information secure, including concerns linked to a possible personal data breach.

What is not usually a data protection complaint?

If your concern is mainly about the general standard of pension administration, delays, service quality, or another non-data-protection issue, it should be submitted via the Fund’s standard complaints process.

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If your message includes both a service issue and a data protection issue (whether submitted as a data protection complaint or via our standard complaints process), we may deal with them under different processes at the same time so that the data protection part is not delayed unnecessarily.

Before you complain: is this the right route?

You may not need to make a complaint if you simply want to exercise one of your information rights.  For example:

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  • if you want a copy of your personal data, you may need to make a subject access request instead;

  • if you believe information is wrong, you may wish to ask for rectification;

  • if you want to report a suspected personal data breach, you can also use the Council’s data protection reporting route.
     

If you are unhappy with how one of those requests was handled, that is usually a data protection complaint.

How to make a data protection complaint

You can complain in a way that suits you.  We will accept complaints however they are received.  Data protection complaints are handled by the Council’s Data Protection Officer.

Online

You can contact the Council’s Data Protection Officer using the Council’s online form: Data Protection Complaint & Feedback Form

By post

Data Protection Officer

Cheshire West and Chester Council

The Portal

Wellington Road

Ellesmere Port

CH65 0BA

If you need help contacting us

General information about how to contact the Fund can be found here: Contact Cheshire Pension Fund

What to include in your complaint

To help us investigate your complaint as quickly as possible, please tell us:
 

  • what happened and when;

  • what part of the Fund or which process is involved, if known;

  • any relevant reference numbers;

  • what outcome you are seeking, for example an explanation, correction of a record, or steps to put things right.

Can someone complain on my behalf?

Yes.  A representative, such as a family member, solicitor, advocate or other authorised person, can complain on your behalf.  We may need evidence that they are authorised to act for you before we can discuss your information or progress the complaint fully.

What happens next?

We will:

  • acknowledge your complaint within 5 working days where possible;

  • make appropriate enquiries and investigate the issues raised;

  • keep you informed if the matter is complex or takes longer than expected;

  • aim to provide a full written outcome within 30 days of receiving your complaint.
     

The legal expectation is that complaints are acknowledged within 30 days and handled without undue delay.  The Fund’s local standard is quicker than this, where possible.

Our review stages

Stage 1: Initial investigation and response

Your complaint will be reviewed and investigated through the data protection / information governance route, with input from the relevant Fund team where needed.

Stage 2: Internal review

If you remain unhappy, you can ask for a Stage 2 review within 30 days of receiving our response.  A review will not be carried out simply because you disagree with the outcome.  You should explain why you think the matter needs reviewing, for example if something important was missed or you believe the law or policy was applied incorrectly.

How long do I have to complain?

You can make a data protection complaint at any time, but we encourage you to raise concerns within 12 months of becoming aware of the issue.  This helps us investigate while information is still more readily available.

We may still consider older matters where it is reasonable to do so, for example where records remain available or there is evidence of a wider issue.

Accessibility and support

We want this process to be accessible and as straightforward as possible.  If you need information in an alternative format or need support to make your complaint, please tell us and we will help where we can.

If you are still unhappy

If you remain dissatisfied after our final response, you can complain to the Information Commissioner’s Office (ICO).

ICO website: https://ico.org.uk

Telephone: 0303 123 1113

Post: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Cheshire Pension Fund Data Protection Complaints Policy

The Fund’s full Data Protection Complaints Policy can be found below:

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