Summary: We will not investigate this complaint about the actions of the Council’s children’s services. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains that inaccurate information about him is being used by the Council’s children’s services which it obtained from the police. Mr X also says the Council completed an assessment of his child using that information and that it failed to obtain his views.

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The Ombudsman’s role and powers

2. 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 not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

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

3. 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)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

7. I will not investigate Mr X’s complaint about his child’s assessment because there is insufficient evidence of fault by the Council. The Council is entitled to use information provided to it by third parties including the police. The Council sought Mr X’s views and included them in the assessment.
8. I cannot investigate the police for providing the information to Mr X as we have no jurisdiction to investigate the actions of the police. If Mr X feels the Council is holding inaccurate information about him he has the right to ask the Council to make changes to inaccurate information. It is then for the Council to ensure its records are ‘rectified’. This means any factual inaccuracies are corrected. If the Council refuses to do so, Mr X can complain to the Information Commissioner’s Office (ICO).
9. Parliament set up the ICO to consider data protection disputes which includes ‘right to rectification’ disputes. The ICO is better placed than the Ombudsman to consider if the Council should change its records.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman