Summary: We will not investigate this complaint about how the Council dealt with a subject access request. This is because the Information Commissioner is better placed to deal with the matter.

The complaint

1. Miss X that the police and social services failed to protect her from abuse dating back to the 1970s. Miss X made a subject access request asking the Council to provide information about these events and is dissatisfied with its response.

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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 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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

8. I will not investigate how the Council responded to Miss X’s subject access request. This is because it is reasonable for her to raise this matter with the Information Commissioner’s Office (ICO). The ICO are better placed to consider complaints about data protection, including how bodies respond to formal requests for information.
9. We cannot investigate the actions of the police as we have no jurisdiction to do so. Miss X says that the Council’s children’s service also failed her, but has not raised a complaint about this yet with the Council. It remains open for her to raise a complaint with the Council, and she may then raise a new complaint with the Ombudsman once she has received a final response.

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Final decision

10. We will not investigate Miss X’s complaint because the ICO are better placed to consider complaints about how the Council has dealt with her information request.

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Investigator's decision on behalf of the Ombudsman