The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the accuracy of a report completed by the Council. This is because Ms X can take the matter to the Information Commissioner’s Office, which is better placed to consider this complaint.
The complaint
Ms X complained about the accuracy of a Council report. Ms X says the report contained inaccurate information about her.
Ms X said the matter caused her distress.
Ms X wants the Council to amend the report.
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, data processing, or a right to rectification request. 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
Ms X complained the Council wrote a report which contained inaccurate information about her. Ms X asked the Council to amend the report.
The Council made some changes to the report, but did not make all the changes Ms X requested.
Analysis We will not investigate Ms X’s complaint. This is because the issues complained about are about data processing, data accuracy, and about a “right to rectification”.
Ms X has the right to ask the Council to “rectify” her records. This means any factual inaccuracies are corrected. If the Council refuses to do so, she can complain to the Information Commissioner’s Office (ICO). Parliament set up the ICO to consider data protection disputes which includes ‘right to rectification’ disputes and data processing matters. The ICO is better placed than the Ombudsman to consider if the Council should change its records. There are no good reasons the Ombudsman should consider the complaint instead. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Ms X’s complaint because the Information Commissioner’s Office is better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman