Summary: We will not investigate this complaint about data recorded about the complainant and his family by the Council in a assessment document. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault in the Council’s actions and the Information Commissioner is better placed to consider.

The complaint

1. Mr X complains about data recorded about him in an assessment by a Council officer. Mr X says he has been accused of being a danger and this is untrue and should be removed.
2. Mr X also says the Council delayed in investigating his concerns and wrongly said said it had met with his family member.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide

• we are unlikely to find evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. 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

5. I considered information provided by the complainant which includes the Council’s responses and excerpts from the assessment.
6. I considered the Ombudsman’s Assessment Code.

My assessment

7. The Council’s complaints response says it cannot delete records of previous allegations. It highlights that the allegations are recorded as ‘allegations’ and that they are recorded as ‘unsubstantiated’.
8. I will not investigate as there is no fault in the Council in the Council recording the existence of historical allegations in a Council assessment document. If Mr X considers the Council has recorded inaccurate data about him and his family, he may raise it with the Office of the Information Commissioner (ICO). The ICO is the UK’s specialist information rights agency that can enforce the Data Protection Act requirement for Council’s to hold accurate data.
9. I also will not investigate the complaint about the complaints process. It is not proportionate to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.
    

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Final decision

10. We will not investigate Mr X’s complaint as there is no evidence of fault in the Council’s actions and the Information Commissioner is better placed to consider.

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Investigator's decision on behalf of the Ombudsman