Summary
Mrs X says the Council has failed to respond to her request for her records. We will not investigate this complaint. This is because it is reasonable for Mrs X to complain to the Information Commissioner’s Office as the specialist information rights agency.
The complaint
Mrs X complains about the Council’s failure to answer her request for her records held by social services.
Mrs X says it is important the Council answers as she needs the information to show that a perpetrator of sexual abuse tried to become a carer of a child.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (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
We will not investigate this complaint. This is because it is reasonable for Mrs X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices and achieve Mr X’s desired outcomes.
The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.
Final decision
I will not investigate this complaint. It is reasonable for Mrs X to complain to the office of the Information Commissioner which is better placed.
Investigator's decision on behalf of the Ombudsman