Summary: We will not investigate Miss X’s complaint about the accuracy of information held by the Council. This is because the Information Commissioner’s Office is the appropriate body to consider Miss X’s complaint.

The complaint

1. The complainant, whom I shall call Miss X, complains about the accuracy of information held by the Council. Miss X says she wants evidence adding to the information the Council holds about her family, but it has so far refused.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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 Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. Miss X says she wants the Council to add “fact-based evidence” to the information it holds about her family. Miss X says the Council has so far refused.
6. The 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 holding inaccurate information or failing to comply with an individual’s rights regarding their personal information.
7. 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 the accuracy of information held, we usually expect 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. It has much wider powers to act if it finds a council has failed in its duties as a data controller. Miss X should therefore approach the ICO about her concerns.

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Final decision

8. We will not investigate Miss X’s complaint. This is because the Information Commissioner’s Office is the appropriate body to investigate.

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Investigator's decision on behalf of the Ombudsman