Summary: We will not investigate this complaint about what the Council recorded about Mr X. Another agency is better placed than us to consider complaints about data inaccuracy.

The complaint

1. Mr X said the Council lied about his character and racially profiled him. He said it made up information about domestic abuse.

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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 Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

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

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My assessment

8. Although the Council’s records concerning Mr X are historic, he only became aware of their content recently when he asked for them. For this reason, his complaint about the content of the records is not late. If these matters had been ones we were best suited to consider, I would have done so.
9. However, Mr X’s complaint is in essence that the Council wrote things about him that had no evidential basis. That is a complaint about data inaccuracy. The Information Commissioner has powers to determine whether data is inaccurate, to require its correction or erasure in certain circumstances, and to impose penalties. We lack those powers.

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Final decision

10. We will not investigate Mr X’s complaint because another agency is better placed than us to consider the matters complained of.

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Investigator's decision on behalf of the Ombudsman