Summary: We will not investigate most of Mrs X’s complaint about the Council’s response to her Freedom of Information request or about how the Council stores and processes the information of Looked After Children because the Information Commissioner is better suited to consider these matters. We will not investigate the Council’s complaint handling because the tests in our Assessment Code are not met.

The complaint

1. Mrs X complains about the Council’s response to:
1. her Freedom of Information (FOI) request. Mrs X said the Council’s FOI response was inadequate and missing information;
2. her concerns about software the Council uses for managing data about its Looked After Children;
3. her complaints about the matter.
2. Mrs X said the matter caused her frustration and time and trouble.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The Information Commissioner's Office considers complaints about freedom of information. 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.
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 the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Freedom of Information Request

8. Mrs X was dissatisfied with the Council’s response to her FOI request and said the Council failed to provide all the information it held.
9. We will not investigate this complaint. This is because the Information Commissioner is better suited to consider the matter. Parliament created the Information Commissioner to consider complaints of this type. I have seen no good reason the Ombudsman should investigate in lieu of the Information Commissioner, and so we will not do so.

Data protection and data handling

10. Mrs X complained the Council uses a system to hold and process personal data of Looked After Children. Mrs X said the system is not secure.
11. We will not investigate this complaint. The Information Commissioner is better suited to consider this complaint and to check whether the Council has sufficient data safeguards in place. I have seen no good reason the Ombudsman should investigate in lieu of the Information Commissioner, and so we will not do so.

Complaints handling

12. It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.

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Final decision

13. We will not investigate most of Mrs X’s complaint because the Information Commissioner is better suited to consider the matter. We will not investigate the remainder because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman