The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about an alleged data breach and the Council’s failure to respond properly to her data request. The Information Commissioner’s Office is better placed to deal with these complaints.
The complaint
Ms X complains the Council failed to take appropriate action after an alleged data breach and did not respond properly to her data request.
She says that as a result, she has been caused significant distress because she has not got the information she needs and is unsure whether her mother is being properly cared for.
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 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, section 34(B)) The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X is unhappy with the Council’s actions in relation to a subject access request she made and an alleged data breach. The Council says it has sent her all the information it has relating to her but it does not have the authority to provide her mother’s personal information.
The Information Commissioner’s Office considers complaints about the sharing of information. Its decisions can be appealed to the Tribunal. Therefore, we consider it better placed to deal with complaints of this nature.
Ms X also wants the Council to become involved in improving her relationship with her mother through mediation. It is not the role of the Council to become involved in such matters. We will not investigate this further.
If Ms X has any safeguarding concerns about her mother she can raise them with the Council.
Final decision
We will not investigate Ms X’s complaints because the Information Commissioner’s Office is better placed to deal with them.
Investigator's decision on behalf of the Ombudsman