The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council not releasing information to her. The Information Commissioner’s Office is better placed.
The complaint
The complainant, whom I shall call Miss X, says the Council has failed to disclose documents to her.
The Ombudsman’s role and powers
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the Council has refused to release three reports to her. These are connected with the children services and education team.
The Data Protection Acts give Miss X the right to request information which she is entitled to see. If the Council does not comply with such a subject access request, Miss X can ask the Information Commissioner’s Office (ICO) to consider the case. As this case involves children services, for which there are complex data protection exemptions, the ICO it better placed to consider her complaint.
Final decision
We will not investigate Miss X’s complaint because the ICO is better placed.
Investigator's decision on behalf of the Ombudsman