Essex County Council (23 013 619)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 18 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about access to information; the Information Commissioner’s Office is better placed to consider this complaint.
The complaint
- Mr B says the Council failed to provide requested documentation, which has caused anxiety and distress.
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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We have a right to access our personal data. If the Council does not reply to a request or if you think personal information is missing, then you can complain. If you remain unhappy then you can complain to the Information Commissioner’s Office.
Final decision
- We will not investigate Mr B’s complaint because it is about access to personal data; the Information Commissioner’s Office is better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman