The Ombudsman's final decision
Summary: We will not investigate this complaint about information included in a report. This is because the complaint has been made late and the Information Commissioner is better placed to consider the issues raised.
The complaint
Mrs X complains that the Council included inaccurate information in a report it wrote in 2020. Mrs X wants the information removed.
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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mrs X’s complaint because it has been made late. I see no good reason why Mrs X could not have complained to the Ombudsman sooner.
Also, Mrs X has the right to request that records are ‘rectified’. This means any factual inaccuracies are corrected. If the Council refuses to do so, she can complain to the Information Commissioner’s Office (ICO). Parliament set up the ICO to consider data protection disputes, which include ‘right to rectification’ disputes. The ICO are better placed than us to consider if the Council should change its record.
Final decision
We will not investigate Mrs X’s complaint because it has been made late and the Information Commissioner is better placed to consider the issues raised.
Investigator's decision on behalf of the Ombudsman