South Gloucestershire Council (24 019 466)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 24 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council has recorded inaccurate information about Mr X. The Information Commissioner is better placed to deal with the matter.
The complaint
- Mr X complains that the Council has refused to amend a report that contains inaccurate information about him.
The Ombudsman’s role and powers
- 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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 considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council that it included inaccurate information about him in a report. He asked for the report to be amended. The Council refused to investigate the complaint. It said the information was received from the police and if he feels inaccurate information about him is being held about him, he can make a request for it to be rectified under GDPR.
- I will not investigate Mr X’s complaint because it is reasonable for Mr X to ask for any inaccurate information to be rectifies. If the Council refuses to do so, Mr X can complain to the Information Commissioner’s Office (ICO).
- 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. I have seen no good reason the Ombudsman should investigate instead of the ICO, therefore, we will not investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because the ICO is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman