Summary: We will not investigate this complaint about the Council’s refusal to amend her records. This is because she may raise her complaint with the Information Commissioner.

The complaint

1. Miss X complains the Council has refused to remove details of a safeguarding referral from her records dating back to 2012. Miss X says the Council shared its concerns with the Police at the time and this has caused her and her family difficulties working with and caring for children.
2. Miss X says she and her family have been caused significant distress as a result of this.

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The Ombudsman’s role and powers

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

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My assessment

6. Miss X wants the Council to change her records because she believes the information is factually inaccurate. The Council has said it will record that the information is disputed but says it will not alter the record. If Miss X is unhappy with the Council’s decision she may complain to the Information Commissioner and the Council has advised her of her right to do so.
7. I can see no reason why Miss X could not take her complaint to the Information Commissioner so this is not a complaint we should investigate.

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Final decision

8. We will not investigate Mrs X’s complaint because she can complain to the Information Commissioner if she is unhappy with the Council’s decision not to amend its records.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman