Summary: We will not investigate this complaint about the Care Provider’s response to a request for information. The Information Commissioner’s Office is the body best placed to deal with complaints about how organisations respond to information requests.

The complaint

1. Mrs X complained the Care Provider declined to share information with her about her late aunt (Ms Y). She said this meant she was unable to progress a separate complaint to the NHS. She wanted the Care Provider to share Ms Y’s care plans with her.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. 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 this complaint. (Local Government Act 1974, sections 34B(8) and (9))
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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s complaint to us is about the Care Provider’s response to her request for copies of her late aunt’s (Ms Y’s) care records. The Care Provider responded to Mrs X’s request, submitted by her husband on her behalf, saying Ms Y’s solicitor should submit a Subject Access Request.
7. Given the request for information is about a person who has died, it is likely the request would instead need to be made and considered under the Freedom of Information Act.
8. The Information Commissioner’s Office (ICO) is the body that considers complaints about how organisations respond to requests for information. There is not a wider complaint for us to consider, and no good reason for us to consider the matter instead of the ICO. It is best placed to decide whether the Care Provider should share the records with Mrs X.

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Final decision

9. We will not investigate Mrs X’s complaint because the Information Commissioner’s Office is best placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman