Summary: We will not investigate this complaint about access to information. The Information Commissioner is best placed to consider complaints about how organisations respond to information requests.

The complaint

1. Miss X complained the Council did not adequately act on her concerns of abuse and neglect of her mother (Ms Y) in a care home. She says the Council refused to share the safeguarding enquiry documents with her, has given her no information about the outcome and simply told her the case was closed. She says the matter has caused significant distress for the family and despite having gone to significant time and trouble in providing evidence, nothing appears to have happened as a result. She wants the Council to provide the information she has requested.

Back to top

The Ombudsman’s role and powers

2. 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)
3. 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.
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Miss X’s complaint to us consists of two elements:
1. her dissatisfaction with the outcome of the Council’s safeguarding enquiry about Ms Y, which was to close the case with no resulting action that Miss X is aware of; and
2. her dissatisfaction with how the Council handled her request for Ms Y’s records, preventing Miss X from being able to carry out her own analysis to try and gain answers about what happened in the lead up to her mother’s death.
8. We may be able to investigate part a) above. However, the law requires us to allow the Council an opportunity to consider a complaint about the matter before we can consider it. The information Miss X sent to us shows her complaint to the Council was solely about her request for information.
9. Part b) is a matter the Information Commissioner’s Office (ICO) would be best placed to consider. Miss X made her information request to the Council as a Subject Access Request. However, such requests are made under the Data Protection legislation which does not apply to people who have died, and relate to requests from individuals for information about themselves. The Freedom of Information Act is the relevant legislation for requesting records about another person, and the ICO issues guidance about how bodies should consider requests about a person who has died.
10. There is not a good reason for us to consider this matter instead of the ICO, given that there is not currently a wider complaint within our jurisdiction that we will be investigating. The ICO is the body that considers concerns about how organisations handle people’s data.
11. It is open to Miss X to complain to us again about her dissatisfaction with the outcome of the Council’s enquiry, after she has first complained to the Council. She should contact us as soon as possible, either after receiving a final response or after 12 weeks of not receiving a final response after complaining. We will then consider whether we can and should investigate that separate complaint, taking into account the time that has passed since the events it relates to.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because the Information Commissioner is best placed to consider complaints about how organisations respond to requests for information.

Back to top

Investigator's decision on behalf of the Ombudsman