Summary: We will not investigate Mr X’s complaint about the accuracy of his personal information passed by the Council to fostering agencies. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable for Mr X to complain to the Information Commissioner’s Office as it is better placed to investigate.

The complaint

1. Mr X complains the Council provided incorrect information to fostering agencies about him and this has stopped him from becoming a foster parent. He also complains about delays by the Council when answering his complaint.
2. Mr X would like the Council to acknowledge its error, correct the information it holds on him and provide a financial remedy for trauma plus financial loss.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We do not start or continue an investigation if we decide:

• there is another body better placed to consider this complaint and/or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has responded to Mr X’s complaint saying the information came from an external organisation so it cannot amend it.
8. We will not investigate. This is because it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO). The ICO has specific powers as the information rights regulator to consider if the Council has considered its obligations to handle Mr X’s personal information properly.
9. We will not separately investigate any delays in the Council’s response. This is due to a lack of injustice arising as we are not looking at the substantive complaint.

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Final decision

10. We will not investigate Mr X’s complaint because the Information Commissioner is better placed.

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Investigator's decision on behalf of the Ombudsman