Summary: We will not investigate this complaint about data the Council holds about Miss X, or how it responded to her request for a copy of her data. The Information Commissioner’s Office would be best placed to consider this complaint.

The complaint

1. Miss X complains about how the Council responded to her Subject Access Requests (SARs). Miss X says the Council holds false information related to children’s services involvement with her family, provided her with two different copies of data and heavily redacted files.
2. Miss X says the matter has caused her distress.

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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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained about how the Council responded to her SARs and about the data it holds about her. Miss X said the Council provided different data in response to her two information requests.
8. Miss X wants the Council to correct false information in her files.
9. Miss X has the right to ask for her records to be ‘rectified’. This means any factual inaccuracies are corrected. If the Council refuses to do so, she can complain to the Information Commissioner’s Office (ICO).
10. 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, particularly because there are complex exemptions for child protection case files.
11. The ICO is also better placed to consider if there was any fault in how the Council responded to Miss X’s SARs.
12. Therefore, we will not investigate this complaint.

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Final decision

13. We will not investigate Miss X’s complaint because the Information Commissioner’s Office is best placed to consider it.

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Investigator's decision on behalf of the Ombudsman