Liverpool City Council (20 003 847)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 25 Sep 2020
The Ombudsman's final decision:
Summary: Mrs X complains about the way the Council has dealt with her subject access request. The Ombudsman will not investigate the complaint because we expect Mrs X to refer this data protection issue to the Information Commissioner.
The complaint
- The complainant, who I refer to as Mrs X, complains about the way the Council has dealt with her and the information it holds about her on its files. She says it has lied and it holds incorrect information about her.
The Ombudsman’s role and powers
- 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 the complaint. (Local Government Act 1974, section 24A(6), as amended)
- 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)
How I considered this complaint
- In considering the complaint I spoke to Mrs X and reviewed the information she and the Council provided.
What I found
- Mrs X made a Subject Access Request (SAR) to the Council under the data protection legislation.
- The Council responded to the request but Mrs X is unhappy with the information provided and the way the Council dealt with her about this matter.
- In responding to her request, the Council told Mrs X if she was dissatisfied with its response, she could contact the Information Commissioner’s Office and it gave her the ICO’s contact details. Mrs X has now contacted this body.
Assessment
- As we normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection, and Mrs X has already approached the ICO, we will not investigate the complaint.
- As we will not investigate the substantive issue, we will not investigate Mrs X’s concerns about how the Council dealt with her in connection with this matter.
Final decision
- The Ombudsman will not investigate this complaint because we expect Mrs X to refer this data protection issue to the Information Commissioner.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman