Summary: We will not investigate Mr X’s complaint about how the Council handled his complaint and Subject Access Request. This is because the Information Commissioner’s Office is better placed to consider this complaint and we would not investigate complaint handling as a stand-alone issue.

The complaint

1. Mr X complains the Council mishandled his case and complaint. He says the Council's response to his Subject Access Request (SAR) was incomplete. He says key records, including Child in Need (CIN) meeting minutes, were missing or contained inaccurate information.
2. Mr X complains after escalating his complaint, the Council failed to acknowledge it or provide a response.
3. Mr X says the situation has caused him significant stress and has impacted his ability to maintain contact with his children. He wants the Council to provide a response to his complaint, complete an accurate disclosure for his SAR, ensure all records are correct and review its processes so similar issues do not happen in future.

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The Ombudsman’s role and powers

4. 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
• there is another body better placed to consider this complaint.

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

5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. 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

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained the Council failed to disclose full and accurate information in response to his SAR. He says recorded information, including CIN meeting minutes, was missing or contained inaccurate information. The Council told Mr X it had shared all personal data it holds and is legally permitted to disclose.
9. If Mr X is dissatisfied with how the Council has dealt with his information request and the accuracy of the data, he can complain to the Information Commissioner’s Office (ICO). The ICO is the appropriate body and is better placed to consider complaints about these matters.
10. Mr X complained the Council did not provide a response to his complaint. The Council has since provided its response to Mr X’s complaint. We do not normally investigate complaint handling as a stand-alone issue where we are not investigating the underlying matter. Any injustice Mr X experienced from the delay is not significant enough to justify a separate investigation and it would not be a good use of public resources for us to investigate this matter further.

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Final decision

11. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to consider this complaint and we would not investigate complaint handling as a stand-alone issue.

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Investigator's decision on behalf of the Ombudsman