The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to provide a report. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant can complain to the Information Commissioner who is better placed to investigate information rights matters.
The complaint
Mr X would like to have this report urgently so he can challenge the care assessment.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. 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 all the information provided by the complainant. I also considered the Ombudsman’s Assessment Code.
My Assessment
I will not investigate as Mr X can complain to the Information Commissioner (ICO). The ICO is best placed to consider the main issues in Mr X’s complaint as the specialist information rights body.
Final decision
I will not investigate Mr X’s complaint because the Information Commissioner is better placed.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman