The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council failing to act on his request for social care records. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. This complaint is better dealt with by the Information Commissioner.
The complaint
Mr X says the Council failed to provide social care records requested six months ago. Mr X reports feeling stressed and annoyed as a result.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. 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) We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner's Office (ICO) is the UK's independent authority on information rights matters. It is better placed to decide if the Council has breached any duties to provide Mr X with the information in question. So we will not investigate.
Final decision
We will not investigate Mr X’s complaint because there is another body better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman