Summary: We will not investigate this complaint about a spelling mistake made by the Council when the complainant registered her child’s birth. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council should re-register her child because the registrar made a spelling mistake when she completed the entry.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I considered the law and information on the Council’s website. I also considered comments Ms X made in reply to a draft of this decision.

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What I found

Registering a birth

4. The law says that after the registrar has completed the entries on the register the informant (parent) must verify the entries that have been entered.
5. The Council’s website explains that the registrar will ask the parent(s) to confirm the entry, including the correct spelling of all the names.
6. The register is a legal document. To correct a mistake the applicant can apply to the General Register Office (GRO) for a note of correction to be added to the register. The GRO charges £90 to process a correction.
7. People can re-register a birth if the natural parents marry at a later date.

What happened

8. Ms X registered the birth of her child. She was accompanied by the child’s father. Before signing the register she checked the surnames and the baby’s name but she did not check the first names. Ms X says her name is not hard to spell and she did not think an error would have been made. Ms X later realised that her first name had been incorrectly recorded – there was a spelling mistake.
9. Ms X asked the Council to re-register the child with the correct details. She said she should not have to pay the fee. She complained the registrar had been sharp and rushed.
10. In response the Council said the registrar apologised and said she had not intended to appear sharp. The Council accepted there was a typing error but said it is the responsibility of applicants to check that everything is correct before signing the register. It said Ms X was accompanied by the father so there were two people to check the entry. The Council explained the register is a legal document and all corrections have to be paid for. It invited Ms X to apply for a correction.
11. Ms X disagrees with the Council’s response. She does not want to marry so she can re-register the child and she does not want to pay £90 for a correction. Ms X says she has not done anything wrong and the incorrect entry means she does not have parental responsibility for her child and cannot open a bank account. She also says that even if the certificate is corrected, the original error will still be apparent.

Assessment

12. The Council made a spelling error when typing Ms X’s first name. However, I will not start an investigation because, despite this error, the law and the Council’s guidance, make it clear that it is the responsibility of the parent(s) to check the entry before signing. In addition, by asking people to check before signing, the Council has a warning system in place to help prevent errors. If Ms X had checked all the names she would have been able to correct the entry before signing. On this basis there is insufficient evidence of fault to require an investigation. In addition, the Council has apologised for the tone of the interview.
13. Ms X is concerned the error means she does not have parental responsibility for the child. However, mothers automatically have parental responsibility as soon as a baby is born. The error on the certificate does not affect Ms X’s parental responsibility. Ms X also says the error will stop her from opening a bank account or getting a passport for the child. The Council says it is not aware of anyone having trouble opening a bank account due to a spelling error in a first name. However, if Ms X thinks the error will cause problems, she can apply for the note of correction.

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Final decision

14. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman