The Ombudsman's final decision
Summary: We will not investigate this complaint about a failure to hold correct information about the complainant. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.
I t is reasonable to expect the complainant t o ask the Information Commissioner to consider her complaint about the Authority keeping inaccurate personal data.
Also, th e complainant has submitted out of time statutory declarations to the T raffic Enforcement Centre and therefore complaints about traffic penalties are outside our jurisdiction.
The complaint
The complainant, I shall call Mrs X, complains Transport for London failed to store accurate personal data about her. This resulted in her not being aware of several penalty charges (fines) and her being pursued by debt collectors.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
I considered information provided by Mrs X.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate this complaint because : Mrs X can approach the Information Commissioner if she believes the Authority holds inaccurate personal data on her; and Mrs X has confirmed she submitted statutory declarations on the traffic penalties which provides her with a court remedy for these
Investigator's decision on behalf of the Ombudsman