Summary: We will not investigate Ms X’s complaint about the Council’s response to her subject access request. This is because the complaint is about a data matter which is best considered and decided by the Information Commissioner’s Office.

The complaint

1. Ms X complains about the Council’s response to her subject access request. The Council told Ms X it does not hold any records for her from when she was a child. Ms X believes the Council has lost her records.

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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 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X made a subject access request to the Council for her records from when she was a child in its care over 40 years ago.
8. The Council carried out searches with the details Ms X provided. It told Ms X it does not have, and as far as it can tell, has never held records for her from when she was a child. It explained it did not become a Council until several years after the period in question and so it is possible her records are held by a different Council. Further to this, Ms X may have been placed in the area by a different council in which case that council would hold her records.
9. Ms X is dissatisfied with the Council’s response to her subject access request and believes it has lost her records.
10. We will not investigate Ms X’s complaint. This is because it is about a data matter which is best considered and decided by the Information Commissioner’s Office (ICO) rather than this office. It is the body set up to consider complaints about data matters such as this.

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Final decision

11. We will not investigate Ms X’s complaint because it is about data matters which the ICO is best placed to consider and decide.

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Investigator's decision on behalf of the Ombudsman