Summary: We will not investigate this complaint about the content of a risk assessment report. This is because the complainant is able to raise her concerns about data protection with the Information Commissioner’s Office (ICO).

The complaint

1. The complainant, whom I refer to as Miss X, says that the Council prepared a risk assessment report, which contained incorrect information. The information related to other individuals, not Miss X. Miss X was very concerned about possible effects of the false information on her and her family. Miss X’s desired outcomes are for the Council to acknowledge its fault when producing the report, and for compensation.

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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))
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 Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. I will not investigate this complaint. This is because the ICO is better placed to consider the matter. Additionally Miss X can pursue her claim for compensation through the Council’s legal department.

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Investigator's decision on behalf of the Ombudsman