The Ombudsman's final decision
Summary: We will not investigate this complaint about accessing information because the Information Commissioner’s Office is best placed to consider this complaint.
The complaint
Mr B says the Council has failed to provide information he has requested, to show how the Council has calculated adult social care costs. Mr B says he cannot know if the Council has conducted the calculations correctly, and he is put to avoidable stress, time and trouble pursuing the issue.
The Ombudsman’s role and powers
The Ombudsman investigates 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 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)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. (Local Government Act 1974, section 24A(6), as amended) The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) 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
The Council was responsible to assess how much, if anything, Mr B’s mother should pay towards her adult social care.
Mr B has asked the Council to provide a copy of a report it commissioned and to show its calculations to prove how it worked out when his mother’s assets fell below the £23,250 savings threshold.
The Council has said it will not correspond any further through its complaints process but has directed Mr B to request information through the appropriate legislation. The Council has given Mr B the relevant contact e-mail address to make an information request.
The Freedom of Information Act gives you the right to see information held by public authorities. You also have rights under the Data Protection Act for information an organisation holds about you.
Mr B is unhappy with the way the Council has responded to his request for information; the Information Commissioner’s Office is best placed to consider this complaint.
Final decision
We will not investigate Mr B’s complaint because the Information Commissioner’s Office is best placed to deal with complaints about accessing information.
Investigator's decision on behalf of the Ombudsman