Summary: We will not investigate Mr X's complaint about the Council's decision not to make further changes to information held in children's services records. The Information Commissioner's Office (ICO) is better placed to consider these matters.

The complaint

1. Mr X complains the Council relied on inaccurate and unverified information, failed to properly consider evidence he provided, and refused to make changes to records held about him. Mr X says the Council should amend records following a Family Court order stating no findings of fact had been made against him. He also disagrees with the Council's decision not to notify organisations that may previously have received the information. He says this has caused distress and affected his relationship with his children.

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

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My assessment

6. Mr X's complaint concerns information held in children's services records and the Council's decision not to make the changes he requested following a Family Court order.
7. Mr X made a request under data protection legislation seeking changes to information held by the Council. He asked the Council to rectify records, erase information he considered inaccurate, restrict further processing, and notify organisations that had received the information. The Council considered the request, added the Family Court order and Mr X's representations to its records, but decided not to make the further changes he sought. The Council advised Mr X of his right to complain to the ICO.
8. The ICO is the specialist body responsible for considering complaints about personal data. This includes whether information held by an organisation is accurate, whether records should be rectified, whether data has been processed appropriately, and whether an organisation has complied with its obligations under data protection legislation. It has powers to investigate these matters and reach a decision.
9. We are not best placed to determine whether the Council should amend, annotate, erase or continue to process information contained within its records.
10. We will not investigate this complaint because the ICO is better placed to consider Mr X's concerns about the Council's handling of information it holds about him and its response to his requests to amend those records.

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Final decision

11. We will not investigate this complaint because the Information Commissioner's Office is better placed to consider Mr X's concerns about the accuracy, rectification and processing of information held by the Council.

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Investigator's decision on behalf of the Ombudsman