Summary: We will not investigate this complaint about the Council failing to correct incorrect data it holds about Miss X as part of an assessment by Children’s Services. The Information Commissioner’s Office is better placed to consider a complaint about data handling, and we could not achieve more for Miss X than the Council has already done, so the matter does not warrant us investigating.

The complaint

1. Miss X complains the Council produced an internal assessment about her which was biased, inaccurate and made erroneous assumptions about her protected characteristics. Miss X say the report has been stressful and wants the Council to correct the data it holds about her in case anyone else reads it.
2. Miss X also says she has chased the matter with the Council following the complaints process, but she has not been satisfied with the Council’s response.

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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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)

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How I considered this complaint

5. I considered information provided by Miss X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X was unhappy the Council had failed to amend the inaccurate information, despite saying that it would do so.
8. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to obey data protection legislation. This would include failure to correct or delete personal information if required to do so.
9. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. The Council advised Miss X she could raise the matter with the ICO, and I have seen nothing in this case to suggest that it would be unreasonable for Miss X to do so, given that substantially her complaint is about the Council failing to correct her personal data.
10. It is also the case in the Council’s complaint response it said it was carrying out a further, more detailed assessment, which Miss X has not complained about. Even if we were to investigate the earlier assessment, the most we would seek to achieve to remedy any council fault would be a reassessment to overcome those faults. As that has already happened, we cannot achieve more.
11. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue

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Final decision

12. We will not investigate Miss X’s complaint because the ICO is better placed to consider and decide her complaint about the accuracy of council information about her, and we could not achieve more than the Council has already done.

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Investigator's decision on behalf of the Ombudsman