The Ombudsman's final decision
Summary: We will not investigate this complaint about the information the Council has recorded about Ms X. Investigation would not achieve the outcome Ms X is seeking, and the Information Commissioner’s Office is better placed to consider whether data is inaccurate. She also has a right to go to court it would be reasonable to use if she believes the Council has defamed her.
The complaint
Ms X said the Council is storing and sharing false, derogatory, and defamatory information about her, which it refuses to delete. She said the Council still deems her a risk to children without evidence to back up such a slanderous claim. She wanted the Council to delete all records of historical allegations that have all been proven false, and all recorded opinions they hold about her.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Social care child protection records cannot normally be deleted, though they can be corrected in the light of new information.
The Information Commissioner’s Office (ICO) is better placed than us to consider a complaint of inaccurate data, and the sharing thereof. It has powers to order an authority to take action concerning data storage and accuracy. We do not have such powers.
Defamation of character is a matter for a court to decide.
Final decision
We will not investigate Ms X’s complaint because investigation by us would not lead to the outcome she wants. The ICO is better placed to consider her data complaint. It would be reasonable for Ms X to go to court if she wishes to pursue the issue of defamation as only a court can decide that.
Investigator's decision on behalf of the Ombudsman