London Borough of Enfield (20 010 363)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 10 Mar 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about data the Council holds about the complainant which he says is wrong. This is because the complainant can complain to the Information Commissioner.
The complaint
- The complainant, whom I refer to as Mr X, says the Council recorded inaccurate information about him on a form. Mr X wants the Council to remove the data.
The Ombudsman’s role and powers
- 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
- 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)
How I considered this complaint
- I read the complaint and the Council’s response. I invited Mr X to comment on a draft of this decision.
What I found
What happened
- The Council completed a safeguarding form for Mr X’s relative. Mr X says the Council recorded on the form that he presents a threat of physical abuse to the relative. Mr X says this allegation is wrong and has made him feel depressed and upset. Mr X wants the Council to delete the data.
- In response the Council said the data reflected information held in the files relating to records of incidents that had occurred. It said it has to retain data when there are concerns about the safeguarding of vulnerable people. The Council said it would not delete the data. The Council signposted Mr X to the Information Commissioner.
Assessment
- I will not start an investigation because Mr X can complain to the Information Commissioner. It is reasonable to expect him to do this because the Information Commissioner is the appropriate body to consider if the Council responded to his request correctly.
Final decision
- I will not start an investigation because Mr X can complain to the Information Commissioner.
Investigator's decision on behalf of the Ombudsman