Summary: We will not investigate Mr X’s complaint about the Council recording false information about his behaviour in a clinical referral. This is because we cannot achieve the outcome he wants and there is another body better placed to consider his complaint.

The complaint

1. Mr X complained the Council recorded false information about his behaviour in its referral to the Community Mental Health Team. Mr X said it caused him distress and anxiety and it negatively affected his reputation. He wants the Council to apologise to him and provide him with a financial remedy for the injustice caused. Mr X also wants the Council to add to its records he disagrees with the information it has gathered and to remove the false information from its records.

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The Ombudsman’s role and powers

2. 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:
• we cannot achieve the outcome someone wants, or

• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to Mr X’s complaint, the Council said it would add his views on its records in relation to the information it has recorded about him. The Council refused to remove the information itself as it said the information was obtained from a third party which was Mr X’s housing provider.
6. We will not investigate Mr X’s complaint as we cannot achieve the outcome he wants. We cannot recommend the Council to remove the information it has recorded about Mr X. Instead, we can only recommend the Council to add Mr X’s views in response to the information it has and it has already done this. The Information Commissioner’s Office is a better body to consider the Council’s refusal to remove the information from its records and whether it was in line with data protection legislation.

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Final decision

7. We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants and there is another body better placed to consider his complaint.

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Investigator's decision on behalf of the Ombudsman