Summary: The Ombudsman will not investigate Ms X’s complaint that the Council holds false information about her. The complaint is better suited to the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall call Ms X, says the Council’s children services team holds inaccurate information about her and her family.

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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’. In this statement, I have used the word 'fault' to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered the information Ms X provided with her complaint. Ms X had the opportunity to comment on a draft version of this decision.

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What I found

5. Ms X has a child with additional needs. The Council produced an Education Health and Care Plan to set out how it intended to meet those needs. Ms X is appealing its wording to a Tribunal.
6. Ms X says she made a subject access request, under Data Protection rules. This means she asked the Council to provide her with information it held about her. Ms X says this information showed the Council holds information about her which she says is false and can be read and used by other professionals.

Analysis

7. Parliament set up the Information Commissioner’s Office (ICO) to oversee and decide some disputes on data protection issues. The records Ms X says are false are children services records which have specific and complex recording requirements. The ICO is better placed to decide whether the Council should hold the disputed information.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because the ICO is better placed.

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Investigator's decision on behalf of the Ombudsman