• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the way the Council dealt with Mr X’s partner before she died. This is because he is not a suitable person to bring a complaint and if he is unhappy the Council won't share information with him he can complain to the Information Commissioner’s Office.

The complaint

1. Mr X complains about the way the Council treated his partner before she passed away. He says he was unable to see her and the Council has refused to share information with him about her final days.

Back to top

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. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

4. (Local Government Act 1974, section 26A(2), as amended)
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. We are not able to investigate this complaint as Mr X is not a suitable person to bring a complaint on behalf of his deceased partner. Therefore we cannot investigate this complaint.
9. If Mr X is unhappy that the Council will not share information with him he may complain to the Information Commissioner’s Office (ICO). The ICO is the body set up in law to deal with complaints about data protection legislation and it is reasonable to expect Mr X to make a complaint if he is unhappy about the Council’s refusal to share information about his partner with him. Therefore we will not investigate this complaint.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because he is not a suitable person to bring a complaint on behalf of his deceased partner. It is also reasonable to expect Mr X to complain to the ICO if he is unhappy with the Council’s refusal to share information with him.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page