Summary: We will not investigate this complaint about a request for information. The Information Commissioner’s Office is best placed to consider the matter and we could not achieve anything of value.

The complaint

1. Ms X complained the Council-commissioned Care Provider failed to provide her information as part of her complaint about her father’s care. She said despite having already contacted the Information Commissioner’s Office (ICO), she had not been provided records of telephone calls from carers to an on call support line and subsequent actions. She said the matter had caused her significant stress, and she wanted the records to be released to her.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

3. 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

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

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My assessment

6. Ms X’s complaint is about the Care Provider’s response when she requested copies of telephone call records and actions subsequently taken. She says she has already contacted the ICO but the Care Provider claims to have no records.
7. When we receive a complaint solely about access to information, we will normally signpost the person to the ICO as the body responsible for considering how organisations handle people’s data. Ms X did not say whether she has received a decision notice from the ICO, however its decisions can be appealed to the First Tier Tribunal if relevant. It would be reasonable for Ms X to use any appeal rights available to her.
8. Ms X’s contact with the ICO being unsuccessful would not be a reason for us to consider the matter. We could not achieve anything of value in this case, in any event. If the ICO has not been able to obtain records for Ms X, we would not be able to.

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Final decision

9. We will not investigate Ms X’s complaint because the ICO is best placed to consider the matter and we could not achieve anything of value.

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Investigator's decision on behalf of the Ombudsman