Summary: We will not investigate Miss X’s complaint about how the Council dealt with her information request. The Information Commissioner’s Office is best placed to address this.

The complaint

1. Miss X complains that she requested access to records relating to her childhood, safeguarding concerns, and family files held by the Council. She says some information has been disclosed; however, the records appear incomplete. Certain files are missing, because of the way they are labelled. She says more recent request has revealed more information, but the request appears incomplete. She has now exhausted all avenues.

Back to top

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 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 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Miss X's complaint relates to whether the Council holds further records about her childhood, whether its searches were sufficient, and whether all relevant information has been disclosed. The Council says it carried out extensive searches of current and historic records, including family files, and disclosed all the information it identified.
7. The Council says it found no evidence that any records were lost due to error. While it accepts that some records may no longer exist, it says this is likely due to the record retention practices that applied at the time.
8. Miss X's complaint is about access to information and her personal data. She can complain to the Information Commissioner's Office about whether the Council has carried out adequate searches and disclosed all the information it holds about her.

Back to top

Final decision

9. We will not investigate the complaint because the ICO is better placed to consider it.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman