Summary: We will not investigate Ms X’s complaint about a Looked After Child review and mistreatment of personal data. Further investigation would not lead to a different outcome. And, the Information Commissioner is better placed to consider complaints about personal data.

The complaint

1. Ms X complains her views were not considered in a Looked After Child (LAC) review Ms X also complains the Council mistreated her personal data.

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The Ombudsman’s role and powers

2. 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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The Information Commissioner's Office considers complaints about personal data. 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.
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about personal data. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X did not get the opportunity to attend a LAC review and says her safeguarding concerns were not properly considered.
8. The Council have apologised to Ms X and agreed to update their records to reflect Ms X’s views. We consider this a suitable remedy and further investigation would not achieve a different outcome.
9. Ms X also complains about the Council’s recording of her personal data. The Information Commissioner’s Office is the organisation best placed to consider complaints about how organisations handle people’s data and respond to requests for information.

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Investigator's decision on behalf of the Ombudsman