Summary: We will not investigate this complaint about how the Council dealt with Miss X’s requests for information and handled her child’s personal data. The Information Commissioner is best placed to consider and decide complaints about data protection.

The complaint

1. Miss X complains about how the Council handled her request for information relating to her child (Y). Miss X says the Council’s response was delayed and that it had destroyed and fabricated records.
2. Miss X also complains the Council did not properly respond to her complaint.
3. Miss X says this caused significant distress and a loss of trust in public services.

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The Ombudsman’s role and powers

4. 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))
5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Information Commissioner’s Office (ICO) enforces data protection legislation. The ICO can investigate complaints about data protection and how an organisation handled information requests.
9. We will not investigate this complaint. The ICO is better placed to consider and decide this complaint. It has powers to decide if an organisation has breached data protection legislation. This is not a power the Ombudsman has.
10. It is reasonable for Miss X to raise her concerns with the ICO.
11. As we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.

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Final decision

12. We will not investigate Miss X’s complaint because the ICO is better placed to consider it.

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Investigator's decision on behalf of the Ombudsman