The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant being banned from Council premises. Further investigation would not lead to a different outcome as the ban has now been rescinded. The Information Commissioner is better placed to consider complaints about data protection matters.
The complaint
Ms X complains that the Council wrote to her banning her from its premises. Ms X says somebody impersonating her assaulted someone in a Council building. Ms X wants the Council to be held accountable for not providing CCTV footage and wants any reference to the incident to be removed from its records.
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: further investigation would not lead to a different outcome, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Ms X’s complaint. Upon review the Council rescinded the ban on Ms X attending Council premises. Further investigation into this matter would therefore not lead to a different outcome.
The Information Commissioner’s Office (ICO) are better placed to investigate data protection matters. Therefore, if Ms X feels the Council is withholding CCTV footage that she is entitled to see or that it is refusing to amend records held containing information about her it would be reasonable to raise these matters with the ICO.
Final decision
We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome and the ICO are better placed to deal with complaints about data protection matters.
Investigator's decision on behalf of the Ombudsman