Summary: We will not investigate this complaint that the Council is holding inaccurate information about Mr X or about how it has dealt with his subject access request. This is because the Information Commissioner is better placed to consider these matters.

The complaint

1. Mr X complains about matters relating to an investigation overseen by the Local Authority Designated Officer (LADO). Mr X complains about how the Council dealt with his subject access request and says the Council are holding inaccurate information. Mr X wants his name to be cleared.

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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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mr X’s complaint that the Council is holding inaccurate information about him, or about how it dealt with his subject access request. Mr X can ask for inaccurate personal information to be amended and the Information Commissioner’s Office (ICO) are better placed to investigate if the Council refuses. The ICO are also best placed to consider how subject access requests are dealt with.
7. I will not investigate Mr X’s complaint about how the LADO investigation was dealt with because this element of his complaint is premature. Mr X has the option of using the Council’s complaints procedure to address this matter, and if dissatisfied with its final response he can ask us to consider the matter further.

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Final decision

8. We will not investigate Mr X’s complaint because the ICO are better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman