Summary: We will not investigate this complaint about the Care Provider’s refusal to share information with Mr X about his father. This is because the Information Commissioners Office would be best placed to consider Mr X’s complaint and we cannot achieve the outcome he is looking for.

The complaint

1. Mr X complains he was refused all information he requested from the Care Provider regarding his father Mr Y, which has caused him distress. Mr X would like the Care Provider to share the information with him.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

3. We normally expect someone to refer the matter to the Information Commissioner (ICO) 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)

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains he was refused all information he requested from the Care Provider regarding his father, Mr Y. Mr X says:
• he was not aware who put his father into the care home;
• Mr Y was cremated which is against his religious beliefs;
• no autopsy was undertaken and Mr Y was not taken to hospital.
7. Mr X also says he has additional concerns as Mr Y had strokes but he was not given a second opinion as the Care Provider used their own private doctor.
8. The Care Provider say they cannot give the information Mr X has requested.
9. The ICO is the body set up in law to investigate complaints about data protection issues, including the release of information about people who are deceased. The ICO is best placed to deal with the issues Mr X has raised and could achieve the outcome he is seeking in making the Care Provider release the information if it finds it has been withheld without good cause.

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Final decision

10. We will not investigate this complaint because the Information Commissioners Office would be better placed to consider Mr X’s complaints and we cannot achieve the outcome he is looking for.

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Investigator's decision on behalf of the Ombudsman