Summary: We will not investigate this complaint about the Council’s handling of a request for information. This is because the Information Commissioner’s Office is better placed to decide this complaint.

The complaint

1. Mrs X complains the Council lost records relating to her child and failed to provide information requested through a Subject Access Request (SAR). She says this has caused emotional strain and distress.

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The Ombudsman’s role and powers

2. We do not start or continue 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))
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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says the Council did not keep records relating to her child’s Education, Health and Care (EHC) plan for the required period of time and has not properly responded to the Information Commissioner’s Office’s (ICO).
7. The ICO considers complaints about data protection legislation and subject access request responses. It is not for the Ombudsman to trespass on the ICO’s role. If Mrs X considers the Council has breached data protection rules, the ICO is better placed to consider a complaint about this. In the event Mrs X has already complained to the ICO, we will not separately investigate the matter. So, we will not investigate this complaint.

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Final decision

8. We will not investigate Mrs X’s complaint because it is about a data matter best considered and decided by the ICO.

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Investigator's decision on behalf of the Ombudsman