The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about data protection issues. The Information Commissioner’s Office is better placed.
The complaint
The complainant, whom I shall call Mrs X, says the Council has not provided information she wants and holds inaccurate information about her.
The Ombudsman’s role and powers
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) 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)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X is a foster carer. Following a LADO investigation she asked to see documents related to it. She says the Council refused her requests. Mrs X also says some documents have inaccuracies in them. She has asked the Council to put these inaccuracies right. This is called a ‘right to rectification’. She says this has not happened.
Parliament set up the Information Commissioners Office (ICO) to consider data protection disputes which includes ‘right to rectification’ disputes and providing documents (subject access requests). The ICO is better placed than us to consider if the Council should change its records particularly because there are complex exemptions for child protection case files.
The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. I consider that to be the case here.
Final decision
We will not investigate Mrs X’s complaint about data protection issues because the ICO is better placed.
Investigator's decision on behalf of the Ombudsman