Summary: We will not investigate Mr X’s complaint that the Council recorded incorrect information in a child and family assessment. This is because there is another body better placed to investigate.

The complaint

1. Mr X complained the Council recorded inaccurate information about him in a child and family assessment and failed to correct this when asked. Mr X also complained the Council shared his information. He said the Council did not investigate his complaint properly.
2. Mr X says this has affected his wellbeing. He wants his records corrected and compensation for the distress caused.

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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 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))
4. 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

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. Mr X complained the Council recorded incorrect information about him in a child and family assessment. He said he was unhappy information was shared with others and asked for it to be amended.
8. The Council responded to Mr X and explained as his complaint was about data protection matters, it was exempt from both the corporate complaints procedure and statutory complaints procedure. It told Mr X the Data Protection team would investigate his complaint.
9. We will not investigate this complaint. If Mr X believes the Council’s records still contain inaccurate information, it is open to him to complain to the Information Commissioner’s Office (ICO). The ICO is the UK regulator for information rights and data protection. It is better placed to consider a complaint about the accuracy of records.
10. Mr X also complained about the Council’s complaint handling process. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

11. We will not investigate Mr X’s complaint because there is another body better placed to investigate it.

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Investigator's decision on behalf of the Ombudsman