Summary: We will not investigate this complaint about the Council’s failure to provide information Mr X has requested. This is because this is a matter better placed for the Information Commissioner’s Office.

The complaint

1. Mr X complained the Council would not provide his parent’s medical records when he made a subject access request. He also complained the Council told him meeting minutes he asked for were not available.

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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. 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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained that he made a subject access request to the Council for his parent’s records and meeting minutes regarding their care. The Council told Mr X it could not provide this information unless Mr X proved he was legally entitled to them. It also told him the meeting minutes were not available, but Mr X says this is not true.
7. The Ombudsman will not usually investigate matters regarding data or information sharing. This is because the Information Commissioner’s Office (ICO) was set up to investigate complaints of this nature. It would therefore be reasonable for Mr X to refer his complaint to the ICO.

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Final decision

8. We will not investigate Mr X’s complaint because this is a matter best placed for the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman