Summary: The Ombudsman will not investigate Mr B’s complaint about a failure to provide information. It is reasonable to expect Mr B to complain to the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall call Mr B, complains the Council has failed to provide him with a copy of his son’s social care record.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)
4. 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

5. I considered the information Mr B provided and I have considered the Ombudsman’s role and powers. I sent a draft decision to Mr B and invited comments before I made my final decision.

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What I found

6. Mr B has asked the Council to provide him with a full copy of the social care records it holds for his son. Mr B complains the Council has failed to provide this information.
7. The Information Commissioner’s Office (ICO) is an independent authority that deals with complaints about public authorities’ failures to comply with data protection legislation. This includes complaints about a failure to disclose information somebody is entitled to.
8. It is reasonable to expect Mr B to refer his complaint to the ICO. This is because the ICO is better placed to decide if the council has failed to comply with its duties under data protection legislation. There is no charge for making a complaint to the ICO and its complaints procedure is relatively easy to use.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because the ICO is the appropriate organisation to consider this complaint.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman