Summary: We will not investigate this complaint about the accuracy of information the Council holds about Ms X. The Information Commissioner is better placed to consider and decide complaints about data protection, and there is no worthwhile outcome achievable by our investigation.

The complaint

1. Ms X complains the Council used inaccurate information about her in other Council processes and refused to consider her complaint about the matter.
2. Ms X says this caused distress.
3. Ms X wants the Council to properly consider her complaint.

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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, or
• there is no worthwhile outcome achievable by our investigation.

(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. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
6. We will not usually investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), section 34B(8))

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How I considered this complaint

7. I considered information provided by Ms X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The substantive matter in this complaint is Ms X’s view that the Council held inaccurate information about her which was used in other Council processes.
10. The Information Commissioner’s Office (ICO) enforces data protection legislation. The ICO can investigate complaints about data protection, including rectification rights.
11. We will not investigate this part of Ms X’s complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect Ms X to complain to the ICO.
12. We will also not investigate the Council’s complaint handling. The process in which the disputed information came to Ms X’s attention was the suitable arena for it to be challenged rather than by the Council’s complaints procedure or the Ombudsman.
13. There is therefore no worthwhile outcome achievable by our investigation.

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Final decision

14. We will not investigate Ms X’s complaint because the ICO is better placed to consider and decide data protection complaints, and there is no worthwhile outcome achievable by our investigation.

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Investigator's decision on behalf of the Ombudsman