The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint that the Council has shared inaccurate information about her. The Information Commissioner is better placed to deal with her complaint.
The complaint
Ms X complains that the Council holds, and has shared, inaccurate information 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.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Ms X’s complaint. The Information Commissioner’s Office (ICO) was set up by Parliament to consider data protection disputes, which includes ‘right to rectification’ disputes. The ICO are better placed than us to consider if the Council should change its records.
Final decision
We will not investigate Ms X’s complaint because the ICO is better placed to consider it.
Investigator's decision on behalf of the Ombudsman