Summary: We will not investigate this complaint about information rights. This is because the information Commissioner is a body better placed to consider Mr X’s complaint.

The complaint

1. Mr X complained the Council had recorded inaccurate information about him in a report. He said his wellbeing had suffered consequently. Mr X also said the Council did not properly consider his complaint, and he now wants the Council to remove any inaccurate information.

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The Ombudsman’s role and powers

2. 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)
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))
4. We will not usually investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), section 34B(8))

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How I considered this complaint

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

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My assessment

6. In March 2026, Mr X complained to the Council about information it had recorded in a report. The Council replied to Mr X’s complaint and said the information had been passed to it by another organisation. The Council subsequently declined to investigate Mr X’s complaint at stage two of its corporate complaint procedures.
7. I will not investigate Mr X’s complaint. This is because the Information Commissioner is a body better placed to consider a complaint about how the Council has responded to Mr X’s information rights, including any right to rectification.

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Final decision

8. We will not investigate Mr X’s complaint because there is another body better placed to consider it.

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Investigator's decision on behalf of the Ombudsman