Summary: We will not investigate Mr X’s complaint about a subject access request. This is because there is another body better placed to consider his concerns.

The complaint

1. Mr X complained about how the Care Home managed his subject access request. He said the Care Home took almost a year to provide him with the requested information which also remains incomplete. Mr X wants a financial remedy.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Mr X's complaint because it concerns the Care Home’s handling of a subject access request. It would be reasonable for Mr X to take his concerns to the Information Commissioner's Office (ICO) which is the specialist body responsible for considering complaints about data. The ICO has the expertise and powers to investigate such matters and can recommend appropriate remedies where it finds fault.

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Final decision

6. We will not investigate Mr X’s complaint because there is another body better placed to consider his concerns.

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Investigator's decision on behalf of the Ombudsman