Hampshire County Council (26 011 605)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 22 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the accuracy of information the Council holds about her. The Information Commissioner is better placed to consider and decide complaints about data protection.
The complaint
- Mrs X complains the Council holds inaccurate information about her and has refused to amend it.
- Mrs X says this caused distress.
- Mrs X wants the Council to amend the information she regards as inaccurate.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council decided it would not investigate Mrs X’s complaint because the disputed information was supplied by another agency.
- The Information Commissioner’s Office (ICO) enforces data protection legislation. The ICO can investigate complaints about data protection.
- We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect Mrs X to complain to the ICO.
Final decision
- We will not investigate Mrs X’s complaint because the ICO is better placed to consider and decide complaints about data protection. This includes right to rectification matters.
Investigator's decision on behalf of the Ombudsman