The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has failed to remove inaccurate information it holds about Ms X. This is because the Information Commissioner is better placed to consider the matter.
The complaint
Ms X complains that the Council has failed to remove inaccurate information it holds about her.
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)) 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. If she feels the Council is recording inaccurate personal information about her and it refuses to make the amendments she wants, then it would be reasonable for her to escalate the matter to the Information Commissioner’s Office (ICO). The ICO has powers to require rectification of incorrect data.
Final decision
We will not investigate Ms X’s complaint because the ICO are better placed to consider it.
Investigator's decision on behalf of the Ombudsman