Milton Keynes Council (23 020 718)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 21 May 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to provide information in a hardcopy format as the Information Commissioner’s Office is better placed to consider this.
The complaint
- Mr X complains the Council has refused to provide him with records in hardcopy format. He says he will struggle to access the same by email.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council has refused to provide him with records in hardcopy, in reliance on Article 12 section 5 of the General Data Protection Regulation (“GDPR”). This section allows a public body to refuse a data request if it considers it unfounded or excessive.
- The Information Commissioner’s Office (“ICO”) is better placed to consider a complaint that the Council has wrongly relied on Article 12 (5).
- It is unlikely we could find fault given we cannot question the Council’s interpretation of the law.
Final decision
- We will not investigate Mr X’s complaint because the ICO is better placed.
Investigator's decision on behalf of the Ombudsman