Summary: We will not investigate this complaint about Mrs X’s request for her late father’s social care records. The Information Commissioner’s Office is best placed to consider requests for information made under the Freedom of Information Act 2000.

The complaint

1. Mrs X complained the Council has delayed responding to her request for her late father’s social care records, which she has been asking for since April 2021. This has caused Mrs X distress. She wants the Council to share the records with her so she can gain clarity about her father’s care leading up to his death.

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The Ombudsman’s role and powers

2. 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.

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s complaint is about the Council delaying responding to her Freedom of Information request relating to her father’s social care records. She says she has concerns about the care he received leading up to his death.
6. The Information Commissioner’s Office is best placed to consider Mrs X’s complaint. There is not a good reason for us to consider this complaint instead.
7. Should Mrs X decide to complain about the care itself, she should do so as soon as possible. We cannot investigate late complaints (those made more than 12 months after the person becomes aware of the issue) unless we decide there are good reasons for the delay. (Local Government Act 1974, sections 26B and 34D, as amended)
8. We do not require people to gather information before bringing complaints to us, therefore awaiting records would normally not be considered a good reason for delay.

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Final decision

9. We will not investigate Mrs X’s complaint because the Information Commissioner’s Office is best placed to consider Freedom of Information requests.

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Investigator's decision on behalf of the Ombudsman