Summary: We will not investigate Mr X’s complaint about the accuracy of the Council’s children’s services report because he has a right to take the matter complained about to the Information Commissioner’s Office.

The complaint

1. Mr X complained the Council included information in a social work report which he said was inaccurate.
2. Mr X says the matter caused him frustration and distress.
3. Mr X wants the Council to correct the report.

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The Ombudsman’s role and powers

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))
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection, data processing, or right to rectification matters. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate this complaint. Mr X has the right to ask the Council to make changes to inaccurate information held about him. It is then for the Council to ensure its records are ‘rectified’. This means any factual inaccuracies are corrected. If the Council refuses to do so, Mr X can complain to the Information Commissioner’s Office (ICO).
9. Parliament set up the ICO to consider data protection disputes which includes ‘right to rectification’ disputes. The ICO is better placed than the Ombudsman to consider if the Council should change its records. I have seen no good reason the Ombudsman should investigate instead of the ICO, therefore, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr X’s complaint because he has a right to take the matter complained about to the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman