Summary: We will not investigate this complaint about the Council refusing to investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Miss X complains about the Council’s refusal to investigate her complaint. She says she has raised concerns about inaccurate information the Council holds but says the Council has refused to investigate. Miss X says this has caused her significant stress and frustration. She wants the Council to investigate her complaint, acknowledge it was in the wrong, provide a financial remedy and review its procedures.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X made a subject access request and then complained to the Council that some of the information it held about her was inaccurate. The Council responded twice and explained its position. Miss X remained dissatisfied and asked the Council to escalate her complaint. The Council declined to do so, saying it had already addressed her concerns and there was nothing further to consider through its corporate complaints process. It advised Miss X to pursue the matter with the information commissioner’s office (ICO). The ICO is the appropriate body to consider data issues.
6. We would usually expect a council to accept a complaint unless it has a valid reason not to do so. In this case, the Council considered Miss X’s concerns and explained why it would not consider the matter further through its corporate complaints process. I am satisfied the Council was entitled to reach this decision. There is not enough evidence of fault to justify an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman