Summary: We will not investigate this complaint about the Council’s failure to provide care records. It is reasonable for Ms Y to refer this matter to the Information Commissioner’s office (ICO).

The complaint

1. Ms Y says the Council has failed to provide her with her father’s care records under the Freedom of Information Act (FOI) and data protection law.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.

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How I considered this complaint

4. I considered information provided by Ms Y.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms Y may complain to the Information Commissioner’s office (ICO) about the Council’s response to her request for information.
7. The ICO is best placed to decide if the Council has complied with the Freedom of Information Act and data protection law. Therefore, it is reasonable for Ms Y to take this route.

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Final decision

8. We will not investigate Ms Y’s complaint because it is reasonable for Ms Y to refer the matter to the ICO.

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Investigator's decision on behalf of the Ombudsman