Summary: We will not investigate Mr X’s complaint about whether a Council should remove a report from a children services record. The Information Commissioner’s Office is better placed to consider this issue.

The complaint

1. The complainant, whom I shall call Mr X, says the Council should remove a report from its records.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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)
4. We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says the Council produced an inaccurate children services’ report in 2015. The report is a ‘section seven’ report which is ordered to be produced by the Court. We cannot investigate its content or production.
8. Mr X says the Council has agreed with the Court’s decision the report is flawed. He wants it removed from the Council’s records. The Council has refused. It says its data protection advice is that it cannot be removed because it forms part of a child’s records.
9. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes record retention.
10. 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, as children services’ complaints have complex exemptions from the general rules, and Mr X should therefore approach the ICO about his concerns.

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Final decision

11. 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