Summary: Mr and Mrs C complained the Council refused to remove allegations of abuse made by their daughter from its records when she withdrew them. They also complained the Council wrongly shared allegations of abuse with the NHS as fact and did not update the NHS when their daughter withdrew the allegations. We have discontinued the investigation because there is another body better placed to consider this complaint, the Information Commissioner.

The complaint

1. The complainants, who I shall refer to as Mr and Mrs C, complained the Council refused to remove allegations of abuse made by their daughter, Mrs D, from its records when she withdrew them. They also complained the Council wrongly shared allegations of abuse with the NHS as fact and did not update the NHS when their daughter withdrew the allegations.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. 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

4. I considered Mr and Mrs C’s complaint and the information they provided.
5. Mr and Mrs C and the Council had the opportunity to comment on a draft decision. I considered any comments before I made a final decision.

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What I found

6. Mr and Mrs C have a daughter, Mrs D. Mrs D is married to Mr D.
7. Mrs D met a new partner, Mr E. She left her marital home and moved in with Mr E. Mr and Mrs C shared that Mr E was domestically abusive to Mrs D. They say he was controlling, coercive and isolated her from her friends and family.
8. Mrs E made allegations of abuse against her parents, Mr and Mrs C, and her husband, Mr D. Mr and Mrs C believe Mr E coerced Mrs C into making these allegations.
9. The Council recorded Mrs D’s allegations on its system and shared the information with the police and medical professionals as part of safeguarding enquiries. Mr and Mrs C feel the Council shared these allegations with the NHS as being fact.
10. When Mrs D left the relationship with Mr E, she withdrew her allegations of abuse against Mr and Mrs C, and Mr D. Mr and Mrs C told the Council they wanted the allegations Mrs D made about them and Mr D removed from the Council’s records and the NHS told they were not true.
11. In its complaint response, the Council confirmed it had shared Mrs D’s allegations with the police and medical professionals as part of safeguarding enquiries. The Council told Mr and Mrs C they could make a Right to Erasure request.
12. This complaint is about data protection. The Information Commissioner investigates complaints about organisations handling of personal information. The Information Commissioner is better placed to consider this complaint.

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Final decision

13. I have discontinued my investigation. The Information Commissioner is better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman