The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint. This is because complaints about data matters such as this are best considered by the Information Commissioner’s Office.
The complaint
The complainant, Mrs X, complains about the Council’s decision to refuse her request to remove her data and her child’s data from its database after it received a referral about them in error.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start 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)) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains about the Council’s decision not to remove her name and her child’s name from its database after a referral was made to the Council in error by a third party.
The Council has marked the referral as a mistake but it will not remove the data. It has signposted Mrs X to the ICO if she remains dissatisfied with its final response.
We will not investigate Mrs X’s complaint. This is because this is a complaint about a data matter which is best considered by ICO which is the body set up to consider complaints about such matters. Mrs X has already been correctly signposted to that office. We will not also consider it.
Final decision
We will not investigate Mrs X’s complaint because it is about a data matter the ICO is best placed to consider and decide.
Investigator's decision on behalf of the Ombudsman