Summary: We will not investigate this complaint about Miss X’s complaint about how the Council recorded historical information, and how it dealt with her request for information. We could not add to the Council’s investigation and the Information Commissioner is better placed to consider the issue.

The complaint

1. Miss X, represented by Y, complained the Council had recorded inaccurate information in her childhood records including errors and omissions.
2. Miss X said this hindered a welfare benefits application and caused distress.
3. Miss X wants the Council to provide the information she has asked for and provide an explanation for the inaccurate recording.

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The Ombudsman’s role and powers

4. 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 could not add to any previous investigation by the Council and we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. 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)

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How I considered this complaint

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X put in a Subject Access Request (Data Protection Act 2018) to the Council seeking information from her childhood. When the Subject Access Request was processed, Miss X complained to the Council about what she said were errors and omissions in the Council’s recording.
9. The Council considered Miss X’s complaint under its two-stage complaints procedure. The Council said it could not supply the information Miss X asked for because there was no written record of it.
10. The Council explained why the records were not available and on balance this is because it disputes Miss X’s recollection of events. It is unlikely we could add anything to this because we cannot direct the Council to change its records.
11. Additionally, the Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to obey data protection legislation. This includes taking too long to deal with requests.
12. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. This applies here.

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Final decision

13. We will not investigate Miss X’s complaint because the ICO is better placed to consider the issue.

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Investigator's decision on behalf of the Ombudsman