The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council has dealt with his subject access requests and his requests for information to be amended. The Information Commissioner is better placed to deal with these matters.
The complaint
Mr X complains about how the Council has dealt with his subject access requests and his requests for information in his social care records to be amended.
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)) 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 Mr X’s complaint. The Information Commissioner’s Office (ICO) was set up by Parliament to consider data protection disputes which includes ‘right to rectification’ disputes and how information requests are dealt with. The ICO are better placed than us to consider if the Council should change its records or provide him with information it holds.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed to consider these matters.
Investigator's decision on behalf of the Ombudsman