Summary: We will not investigate part of Mr X’s complaints about the Council’s response to his Subject Access Request and right to rectification because the Information Commissioner is better suited to consider the matter. We will not investigate Mr X’s concerns about how the Council considered his evidence relating to a safeguarding concern because the Council addressed the issues through its complaints handling and an investigation is unlikely to achieve anything further. We will not investigate information shared with the Children and Family Court Advisory and Support Service because the issue was likely considered during court proceedings.

The complaint

1. Mr X complained the Council failed to:
1. provide all information relating to his Subject Access Request (SAR);
2. correct information held on its systems relating to him;
3. consider relevant information relating to a safeguarding referral regarding his child, Y; and
4. ensure information provided to a court was accurate.
2. Mr X said the matter caused him frustration, distress, and financial difficulty.

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The Ombudsman’s role and powers

3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection and data processing. 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

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

Response to SAR and right to rectification

8. We will not investigate Mr X’s complaints about the Council’s response to his SAR or his request under right to rectification laws to amend information held about him. This is because the Information Commissioner is better suited to consider the matter.
9. Parliament created the Information Commissioner to consider these types of complaints. The Information Commissioner is better placed than the Ombudsman to consider if the Council should disclose information or change its records, particularly because there are complex exemptions for child safeguarding matters.

Safeguarding referral and consideration of evidence

10. Mr X complained the Council failed to consider CCTV evidence he had relating to a safeguarding concern for his child, Y. Mr X said the Council also provided advice to the other parent of his child to stop contact with him.
11. As part of its complaint response the Council considered Mr X’s CCTV footage. It concluded the footage showed no concerns. It told Mr X it would speak with Y’s other parent to provide an update of their findings and apologised.
12. We will not investigate this complaint. The Council, through its complaints process, identified and acted on Mr X’s concerns. It acted appropriately in response to the complaint. Consequently, an investigation is unlikely to achieve anything further, and so we will not investigate this complaint.

Information provided to court

13. Mr X complained the Council provided inaccurate information to the Children and Family Court Advisory and Support Service (CAFCASS) which was included in a report by CAFCASS for court.
14. We will not investigate this complaint. The issues raised regarding the information shared was considered by a court via CAFCASS’s report. Consequently the issue raised is too closely related to matters likely considered by a court.

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Final decision

15. We will not investigate Mr X’s complaints because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman