Summary: The Ombudsman will not investigate Ms A’s complaint that the Council has failed to correct an inaccurate report it completed about her family. This is because she may bring her concerns to the attention of the Information Commissioner, who is better placed than the Ombudsman to consider the substantive matter.

The complaint

1. The complainant, who I will refer to as Ms A, complains that the Council has failed to correct an inaccurate report it completed about her family.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I have considered what Ms A has said in support of her complaint and in response to my draft decision.

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What I found

5. Ms A and her family were the subject of a Child and Family Assessment carried out by the Council. Ms A and her partner complained to the Council that the assessment contained errors, omissions and inaccurate information.
6. In response to their complaint, the Council accepted that the assessment should be amended and undertook to do so. Ms A complains that it has not done so, and that it has not responded properly to the complaint.
7. The Ombudsman will not investigate Ms A’s complaint. Complaints about the accuracy of the Council’s records can be brought to the attention of the Information Commissioner, who is better placed than the Ombudsman to consider such matters. If Ms A is unhappy with the Council’s response to her complaint, it would be reasonable for her to go to the Information Commissioner.
8. In response to my draft decision, Ms A argues that her complaint relates to the quality of service the Council has provided and its failure to respond to correspondence, rather than simply the inaccuracy of the assessment. However, the key outcome of the fault Miss A identifies is the inaccuracy of the assessment, which the Council has accepted. The fault cannot be separated from the substantive matter and the Ombudsman will not intervene.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because the Information Commissioner is better placed than the Ombudsman to consider the substantive matter.

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Investigator's decision on behalf of the Ombudsman