Summary: We will not investigate this complaint about data recording. Mr X has the right to approach the Information Commissioner’s Office, which is better placed to decide if the Council has maintained inaccurate data about him and to order rectification if necessary.

The complaint

1. Mr X said the Council failed to remove records that have no evidence to support them.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s complaint is about the accuracy of data. The Information Commissioner’s Office is better placed to consider this matter than us. It may decide that a public body must correct or remove inaccurate personal data.

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Final decision

6. We will not investigate Mr X’s complaint because there is another body better placed to consider the matter complained of.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman