The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the accuracy of Council records. The information Commissioner’s Office is better placed to consider this complaint and we could not achieve the outcome he wants.
The complaint
Mr X complains the Council has refused to investigate his complaint that its records contain inaccurate information and inappropriate comments about him. He says the matter has caused distress and affected his relationship with his child. He wants the Council to correct or destroy the records.
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 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: 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), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner's Office (ICO) is the UK's independent authority on information rights and data protection matters.
Mr X says Council records which he has recently gained access to contain inaccurate information, inappropriate comments and do not consider his disabilities or the impact of his disabilities.
We will not investigate Mr X’s complaint. The ICO is better placed to consider how the Council has responded to Mr X’s complaint and to investigate his concerns about the content of its records. We could not ask the Council to amend or delete records, only the ICO could do this. We could not achieve the outcome Mr X wants.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to consider Mr X’s complaint and we could not achieve the outcome he wants.
Investigator's decision on behalf of the Ombudsman