Summary: We will not investigate this complaint about the coroner’s service not providing the relevant documents Ms X requested after agreeing to. This is because Information Commissioner’s Office is best placed to consider the issue, and it is not proportionate to investigate the complaints handling issue on its own.

The complaint

1. Ms X complains the coroners service did not provide the relevant documents she requested after agreeing to. She says this has had a significant impact on her and her family. Ms X wants a copy of the radiology report, an apology and for the Council to publicly upload details of its complaints process.

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’s Office (ICO) 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. We will not investigate this complaint. We would normally expect someone complaining about data requests to take the matter to the ICO, which is the body better placed to consider and decide such complaints. The ICO can make a finding on whether a council should disclose the document.
7. While Ms X is also unhappy with the complaints process, it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about.  We will not therefore investigate this issue separately.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because the Information Commissioner’s Office is best placed to consider the issue.

Back to top

Investigator's decision on behalf of the Ombudsman