Summary: We will not investigate this complaint about the Council’s processing of Mrs X’s personal data. This is because these issues are for the Information Commissioner’s Office to consider.

The complaint

1. Mrs X complains the Council has refused to delete personal data about her from the records it holds in relation to a safeguarding referral from her child’s school.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.

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Final decision

5. We will not investigate Mrs X’s complaint because the Information Commissioner’s Office (ICO) is responsible for considering matters relating to an organisation’s compliance with the General Data Protection Regulations. We have no jurisdiction to intervene in matters where a person wants their personal data deleted.

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Investigator's decision on behalf of the Ombudsman