Summary: We will not investigate this complaint about the Council’s response to Mr X‘s request for the records of his time in care. There is another body better placed to consider this complaint.

The complaint

1. Mr X says the Council has lost the records of his time in its care.

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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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s complaint is that the Council took too long to find his records. This is a complaint about the response to a subject access request under the Data Protection Act 1998. The Information Commissioner’s Office (ICO) is better placed to consider it.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman