The Ombudsman's final decision
Summary: We will not investigate this complaint about the accuracy of information held by the Council. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.
The complaint
The complainant, Mr X, complained minutes held by the Council did not accurately reflect discussions which took place as part of a Child Protection Conference.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection, including the accuracy of information held by a council. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its response to Mr X’s complaint the Council said the minutes reflect what another agency said during the Child Protection Conference. The minutes were therefore accurate, and the Council did not uphold Mr X’s complaint.
We will not start an investigation into Mr X’s complaint. This is because there is not enough evidence of fault by the Council to warrant us investigating. If Mr X believes the Council holds inaccurate information, he can contact the ICO. It is the body set up by Parliament to deal with such matters and can advise Mr X of the options available.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman