Summary: We will not investigate this complaint about Mr X’s personal data. This is because the Information Commissioner’s Office is better placed to investigate this complaint.

The complaint

1. Mr X complained the Council mishandled his personal data and did not correct his records or hold staff accountable.
2. Mr X complained that the Council have caused him significant psychological harm and distress.
3. Mr X wants the Council to correct his records and provide a formal apology.

Back to top

The Ombudsman’s role and powers

4. 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)
5. 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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Mr X complained that information was shared by another organisation in a Child Protection Conference that did not relate to him.
9. According to the information available, the Council contacted the other organisation to clarify this, who told the Council the information shared about Mr X was correct. The Council referred Mr X to make a complaint about the other organisation.
10. Mr X made a Subject Access Request (SAR) relating to information the other organisation held about him, and this was shared by the Council at a subsequent case conference.
11. We will not investigate. If Mr X remains unhappy about the Council’s records, the Information Commissioner's Office (ICO) is the UK's independent regulator about data protection matters and is best placed to deal with any concerns Mr X has in this regard. In any case we cannot direct the Council to change its records and therefore, we cannot achieve the outcome Mr X wants.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to investigate this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman