Summary: We will not investigate this complaint about inaccurate information shared by the Council. This is because complaints about data protection are better dealt with by the Information Commissioner. The complaint is also made late and I see no reason why it could not have been raised sooner.

The complaint

1. The complainant, who I will call Miss X, complains about inaccurate information that was shared about her medical history during a meeting in September 2021.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
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)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate Miss X’s complaint about inaccurate information being held and shared by the Council regarding her medical history. The Information Commissioners Office (ICO) is better placed than us to consider data protection matters because it has powers we do not have. It may to require rectification of inaccurate data, make findings of data breaches and impose penalties for them, and consider responses by bodies to subject access requests.
8. Furthermore, the complaint is about something that happened more than 12 moths ago and is therefore made late. I see no reason why Miss X could not have complained to the Council and then the Ombudsman at the time.

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Final decision

9. We will not investigate Miss X’s complaint because the ICO are better placed to deal with the matter and the complaint is made late.

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Investigator's decision on behalf of the Ombudsman