Summary: We will not investigate this complaint about the accuracy of a children services assessment report. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Information Commissioner’s Office is better placed.

The complaint

1. The complainant, whom I shall call Mr X, says the Council’s children services team produced an inaccurate assessment report on his family. He says it should be corrected or removed from the records.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (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 considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council produced an inaccurate children services assessment of his family. He says the Council then delayed in replying to his complaint.
7. Mr X has provided the Council’s final reply to him. It explains it replied to his complaint within ten days at its first stage and within 20 days of his further request. It refers him to the ‘right to rectification’ process.
8. Mr X has the right to request records are ‘rectified’. This means any factual inaccuracies are corrected. If the Council refuses to do so, he can complain to the Information Commissioner’s Office (ICO). Parliament set up the ICO to consider data protection disputes which includes ‘right to rectification’ disputes. The ICO is better placed than us to consider if the Council should change its records particularly because there are complex exemptions for child protection case files.
9. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Mr X should therefore approach the ICO about his concerns.

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Final decision

10. We will not investigate Mr X’s complaint because the ICO is better placed.

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Investigator's decision on behalf of the Ombudsman