Summary: We will not investigate Mrs X’s complaint about the Council recording inaccurate information and sharing information without her consent. This is because it would be reasonable for Mrs X to take her complaint to the Information Commissioner’s Office.

The complaint

1. Mrs X complained the Council recorded inaccurate information about her in a document. She also said the Council included her name in the document without her consent.

Back to top

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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We will not investigate Mrs X’s complaint because it concerns data protection matters. The Information Commissioner’s Office (ICO) is the appropriate body to consider concerns about inaccurate data and the sharing of information without consent. It is reasonable for Mrs X to refer her complaint to the ICO.

Back to top

Final decision

6. We will not investigate Mrs X’s complaint because there is another body better placed to consider her complaint.

Back to top

Investigator's decision on behalf of the Ombudsman