The Ombudsman's final decision
Summary: We will not investigate this complaint about the alleged inaccuracy of information about Mr X on Council records. The Information Commissioner's Office is better placed than us to consider alleged data inaccuracy, and it would be reasonable for Mr X to go to court to seek compensation for the direct effect he claims this had on his health.
The complaint
Mr X said the Council wrongly stated on his child’s child protection plan that he used illegal drugs in front of his child. He said it took a year before the Council removed the incorrect statement and accepted that he took prescribed medication for a diagnosed condition. He said this seriously affected his health. He wanted the Council to compensate him for this.
The Ombudsman’s role and powers
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)) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint is that the Council maintained false data about him for a year. The Information Commissioner’s Office (ICO) would be better placed to consider this matter as it has powers we lack to impose penalties for maintaining incorrect data.
We would be unlikely to establish that any incorrect data maintained by the Council was the direct and sole cause of the deterioration in Mr X’s health as that is a medical matter. And we do not have the power to award compensation, but only to recommend symbolic payments for injustice caused by fault. A court would have the power to make the finding Mr X is seeking and to award compensation if it saw fit.
Final decision
We will not investigate Mr X’s complaint because another body is better placed than us to consider the alleged maintenance of inaccurate data; and It would be reasonable for Mr X to use his right to go to court to seek a finding that the Council’s actions directly caused his heath to deteriorate, and to seek compensation for that.
Investigator's decision on behalf of the Ombudsman