Summary: We will not investigate Miss X’s complaint about the Council’s response to her subject access request. This is because the complaint has already been considered by the Information Commissioner’s Office which is the body best placed to consider it.

The complaint

1. The complainant, Miss X, complains about the Council’s response to her subject access request (SAR). Miss X requested information relating to her and her children during the time her children were in the Council’s care.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start 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))
4. 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

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

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My assessment

7. Miss X complained to the Council about its response to her SAR. The Council told Miss X it was unable to proceed with her request because it had not received proof that Ms X has parental responsibility for her younger children. It also explained that it needed written consent from her older children before it could share their information with her.
8. The Council signposted Miss X to the Information Commissioner’s Office (ICO) if she was dissatisfied with its final response.
9. Miss X complained to ICO and it has considered and decided the complaint.
10. We will not investigate Miss X’s complaint. This is because complaints about data protection matters such as this are best considered by the ICO as the body set up to consider such matters and it has already done so. It is not a matter we will also investigate. Any further dissatisfaction with the Council’s handling of the matter would also be signposted back to ICO. It is not a matter we will investigate.

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Final decision

11. We will not investigate Miss X’s complaint because it has already been considered and decided by the ICO which is the body best placed to consider it.

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Investigator's decision on behalf of the Ombudsman