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

  1. 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.

Back to top

The Ombudsman’s role and powers

  1. 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)
  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)

Back to top

How I considered this complaint

  1. In considering the complaint I spoke to Mrs X and reviewed the information she and the Council provided.

Back to top

What I found

  1. Mrs X made a Subject Access Request (SAR) to the Council under the data protection legislation.
  2. 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.
  3. 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

  1. 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.
  2. 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.

Back to top

Final decision

  1. 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

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings