The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint. This is because it is about data protection matters which the Information Commissioner’s Office is best placed to consider and decide.
The complaint
The complainant, whom I shall call Mr X, complains about matters relating to his Subject Access Request to the Council as well as its failure to provide a copy of his mother’s social care assessment.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) 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
Mr X complained a social worker failed to provide a copy of his mother’s, Mrs Y’s, annual social care assessment despite saying he would do so. His contact details were also removed from her assessment. Mr X found a copy of the assessment document on the floor at his mother’s home several weeks later.
Mr X then made a Subject Access Request for copies of all Mrs Y’s social care records and records relating to his email correspondence with the Council. The Council declined to provide this information and said it would not progress the request for Mrs Y’s social care records because there were mental capacity issues relating to Mrs Y which the Court of Protection needed to consider.
Mr X also submitted a complaint about the social worker not providing him with a copy of Mrs Y’s assessment. The Council told Mr X it would not consider the complaint because it had already explained to him that he was not entitled to this information.
The Council signposted Mr X to the Information Commissioner’s Office if he remained dissatisfied with its response.
Final decision
We will not investigate Mr X’s complaint. This is because the complaint is about data protection issues which are best considered and decided by the Information Commissioner’s Office. It can decide whether the Council should disclose the information Mr X has requested. This is not a matter for the Ombudsman to decide.
Investigator's decision on behalf of the Ombudsman