Summary: We will not investigate Mrs X’s complaint about data processing and her request for rectification because the Information Commissioner’s Office is better suited to consider the issues complained about.

The complaint

1. Mrs X complained the Council:
1. stored inaccurate information on her record; and
2. used inaccurate information about her as part of its processes.
2. Mrs X said the matter caused her distress and frustration.

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The Ombudsman’s role and powers

3. 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), section 34(B))

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How I considered this complaint

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

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My assessment

6. We will not investigate Mrs X’s complaints. This is because the Information Commissioner’s Office (ICO) is better suited to consider the issues complained about.
7. Mrs X has the right to ask that her records are ‘rectified’. This means any factual inaccuracies are corrected. If the Council refuses to do so, she can complain to the ICO. Parliament set up the ICO to consider data protection disputes which includes ‘right to rectification’ disputes. The ICO is better placed than us to consider if the Council should change its records, particularly because there are complex exemptions for child protection case files.
8. In addition, the ICO is better suited than the Ombudsman to consider whether the Council processed Mrs X’s personal data correctly.

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Final decision

9. We will not investigate Mrs X’s complaint because the Information Commissioner’s Office is better suited.

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Investigator's decision on behalf of the Ombudsman