Bedford Borough Council (21 007 991)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 18 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to respond to correspondence. This is because the subject of the correspondence is not a matter the Ombudsman would consider.
The complaint
- The complainant, who I will refer to as Miss B, complains about the Council’s failure to respond to her correspondence.
The Ombudsman’s role and powers
- 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 there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
- The complainant has had an opportunity to comment on my draft decision. I considered her comments before making a final decision.
My assessment
- Miss B has corresponded with the Council about an unspecified issue. She says the Council delayed responding to her request for the details of its Caldicott Guardian. Once it provided the officer’s details she wrote to him, and complains that he did not respond. I can see no indication that she has complained to the Council about the lack of response. She wants the Ombudsman to support her in obtaining a response.
- We will not investigate Miss B’s complaint. The evidence she has provided indicates that the substantive issue leading to the correspondence is a data issue. The Information Commissioner is better placed than the Ombudsman to consider data matters and we do not normally investigate them.
- Ms B says the Information Commissioner suggested she contact us to consider the Council’s failure to respond to correspondence. As the substantive data matter would not fall to us to investigate, our involvement is not warranted.
Final decision
- We will not investigate this complaint. This is because the substantive matter would not fall to the Ombudsman to consider.
Investigator's decision on behalf of the Ombudsman