Summary: We will not investigate Mrs X’s complaint. The Information Commissioner is better placed to consider Mrs X’s complaint about inaccurate information held by the Council. Other matters would first need to be raised through the Council’s complaints procedure.

The complaint

1. Mrs X complains about the actions of the Council’s children’s services. She says it recorded inaccurate information about her in an assessment, that it bullied her family and upset her child and broke her family up.

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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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

7. Mrs X complained to the Council in January 2024 about the contents of an assessment written by the Council’s children’s services. The Council offered to meet with Mrs X to discuss the inaccuracies and advised her of her right to rectification under GDPR.
8. I will not investigate Mrs X’s complaint. If she feels the Council is recording inaccurate personal information about her and it refuses to make amendments, then it would be reasonable for her to escalate the matter to the Information Commissioner’s Office (ICO). The ICO has powers to require rectification of incorrect data that we lack.
9. Mrs X complained to the Ombudsman about other matters not raised in her complaint to the Council. I will not investigate these matters because they are premature. Mrs X will first need to raise this through the Council’s complaints procedure.

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Final decision

10. We will not investigate Mrs X’s complaint because the ICO is better placed to consider part of it and other parts are premature.

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Investigator's decision on behalf of the Ombudsman