North Somerset Council (25 013 146)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 12 Dec 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council losing the complainant’s records of being in foster care. This is because this complaint relates to personal data and is a matter best dealt with by the Information Commissioner’s Office.
The complaint
- Miss X complains about the Council losing her records of being in foster care.
- Miss X says it has taken the Council two years to tell her this and it has adversely affected her mental health. She would like the Council to find her records.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X raises concerns about the Council’s failure over a two-year period to provide her with records from when the Council placed her in foster care.
- We will not investigate. The Ombudsman does not usually investigate complaints regarding personal data as this is a matter better dealt with by the Information Commissioner’s (ICO) office. The ICO is the regulator for information rights matters and oversees complaints involving personal data. It has very recently published guidance to Councils concerning people’s right to access their care records. It would therefore be reasonable to expect Miss X to complain to the ICO.
Final decision
- We will not investigate Miss X’s complaint because this complaint relates to her personal data and is a matter best dealt with by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman