The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council used inaccurate information to justify issuing him with a Community Protection Warning. This is because there is no worthwhile outcome, and the Information Commissioner is better placed to deal with part of Mr X’s complaint about data protection.
The complaint
Mr X complains that the Council relied on inaccurate information when issuing him with a Community Protection Warning (CPW). Mr X says the Council has refused to correct its records despite being told the data it holds is inaccurate.
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, or there is no worthwhile outcome achievable by our investigation.
(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 Mr X’s complaint about the Council’s decision to issue him with a CPW. This is because it has since expired and therefore investigation would not achieve any worthwhile outcome.
I will not investigate Mr X’s complaint that the Council has refused to amend records that Mr X says are inaccurate. The Information Commissioner’s Office (ICO) are better placed to investigate matters about data protection.
Final decision
We will not investigate Mr X’s complaint because there is no worthwhile outcome, and the ICO is better placed to deal with part of Mr X’s complaint about data protection.
Investigator's decision on behalf of the Ombudsman