Summary: The Ombudsman will not investigate Mr X’s complaint about the care provider’s response to his request for information. This is because the Information Commissioner’s Office is the appropriate body to deal with his concerns.

The complaint

1. The complainant, whom I shall call Mr X, complains the care provider has failed to respond to his request for his father’s care notes.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection or access to information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. Mr X complains the care provider has failed to respond to his request for his father’s care notes. Mr X says he complained to the care provider over a year ago, but it has still not responded.
6. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so. I do not consider that to be the case here. I see no reason why Mr X could not have complained much earlier, and so the exception at paragraph 1 applies to his complaint. In reaching this decision I have taken into account the point I make below.
7. The role of the Ombudsman is to look for administrative fault. But at the heart of Mr X’s complaint is access to information, a data protection issue.
8. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes failing to disclose information somebody is entitled to.
9. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. Mr X should therefore approach the ICO about his concerns. It can decide what information Mr X is entitled to and ask the care provider to release the information.

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Final decision

10. The Ombudsman will not investigate Mr X’s complaint. This is because the Information Commissioner’s Office is the appropriate body to deal with his concerns

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Investigator's decision on behalf of the Ombudsman