Summary: We will not investigate this complaint about a social worker and the right to erasure request of their report. This is because the Information Commissioners Office and Social Work England would be best placed to consider Mrs X’s complaints and we cannot achieve the outcome she is looking for.

The complaint

1. Mrs X complains a Council social worker has produced a report which is inaccurate and would like the Council to erase it from their records. Mrs X says the report has caused her irreparable damage and distress. Mrs X would like the right to erasure enacted and would like the social worker to be suspended.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by Mrs X.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X says a Council social worker has produced a report which is inaccurate. She would like the right to erasure to be enacted. The Council says it has investigated erasing the information but the right to erasure is not an absolute right. The Council says it is not permitted to erase Mrs X’s records as the process is necessary for the purpose and provision of health or social care; or for the management of health or social care systems or services.
6. We cannot achieve the outcome Mrs X is looking for because only the Information Commissioner Officer (ICO) can direct a Council to delete records. The Information Commissioner Office is best placed to deal with this request.
7. Mrs X says the social worker report has caused her irreparable damage and distress and would like the individual social worker to be suspended until the matter is brought to a satisfactory conclusion. Social Work England is the regulatory body for social workers and are best placed to deal with a complaint about the actions of an individual social worker.

Back to top

Final decision

8. We will not investigate this complaint because the Information Commissioners Office and Social Work England would be better placed to consider Mrs X’s complaints and we cannot achieve the outcome she is looking for.

Back to top

Investigator's decision on behalf of the Ombudsman