The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has failed to provide records relating to the complainants time in care. This is because it is reasonable for the complainant to raise the matter with the Information Commissioner.
The complaint
The complainant, who I will call Mr X, complains that the Council have failed to provide records relating to his time in care. The Council say it has tried to locate the files but has been unable to do so.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate this complaint. This is because if Mr X is dissatisfied with how the Council dealt with his request for information, he can raise the matter with the Information Commissioners Office (ICO). It is reasonable to expect him to do so, because the ICO are better placed to investigate complaints about data protection matters such as these.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to complain to the ICO.
Investigator's decision on behalf of the Ombudsman