Summary: The Ombudsman will not investigate Mr B’s complaint about the actions of the Council in response to his request for information it holds about him. This is because Mr B can complain to the Information Commissioner’s Office (ICO) if he is concerned about information contained in council records.

The complaint

1. Mr B says the Council called him a terrorist and says he has a learning disability when he does not. Mr B says the Council should apologise for the distress and upset it has caused.

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The Ombudsman’s role and powers

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)

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How I considered this complaint

2. I considered the information and documentation Mr B and the Council provided. I sent Mr A a copy of my draft decision for comment.

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What I found

3. Mr B is concerned about records the Council has about him which he says contain incorrect information about his disabilities and refers to him as a terrorist.
4. The Information Commissioner’s Office (ICO) considers complaints about data protection and will consider complaints about a council holding incorrect records about a person. Information about the ICO can be found on the website below:

https://ico.org.uk/make-a-complaint/your-personal-information-concerns/

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Final decision

5. The Ombudsman will not investigate this complaint. This is because Mr B can complain to the Information Commissioner’s Office (ICO) if he is concerned about information contained in council records.

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Investigator's decision on behalf of the Ombudsman