Summary: We will not investigate Miss B’s complaint that the Council was at fault in producing an inaccurate assessment, and in disclosing her personal information. This is because the Information Commissioner is better placed than the Ombudsman to consider the matters Miss B has raised.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council was at fault in producing an inaccurate assessment, and in disclosing her personal information.

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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 have considered what Miss B has said in support of her complaint and the complaint correspondence provided by the Council. I have offered Miss B the opportunity to comment on a draft of this decision.

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What I found

5. Miss B says the Council produced a Child and Family Assessment relating to her son. The outcome of the assessment was that the Council decided no further action was warranted. Miss B says the assessment contained significant inaccuracies. She has asked the Council to correct the content of the assessment and complains that it has not done so.
6. Miss B also complains that the Council has passed confidential information to her child’s father without her consent. She argues that this information has been used to her detriment.
7. We will not investigate Miss B’s complaint. The Ombudsman will not normally ask a council to change the content of an assessment. The most we would seek to achieve is that the Council place a record of a person’s dissenting views on the file. Miss B has put her views to the Council in writing, so they are already on file and there is nothing further for us to achieve. To address the alleged inaccuracies, it is open to Miss B to pursue her right to rectification under data protection law. The Office of the Information Commissioner is the appropriate body to consider such matters.
8. If Miss B believes the Council has shared her personal information without consent, she may bring the matter to the attention of the Information Commissioner, who is better placed than the Ombudsman to consider alleged data protection breaches.

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Final decision

9. We will not investigate this complaint. This is because another body is better placed to consider the matters Miss B has raised.

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Investigator's decision on behalf of the Ombudsman