Summary: We will not investigate this complaint that the Council holds inaccurate records about Mr X as this is best dealt with by the Information Commissioner’s Office.

The complaint

1. Mr X complains Council records contain false and libellous information about him and that it has refused to remove it. Mr X says this has ruined his life and reputation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

6. The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of data protection matters including complaints about the accuracy of information held on record. It is best placed to assess Mr X’s complaint and to decide what, if any, action the Council should take. Because of this, we will not investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman