The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council allegedly reading, using and transferring data about Miss X incorrectly. The Information Commissioner’s Office is better placed than us to deal with a complaint about data processing.
The complaint
Miss X said the Council read, used and transferred data about her that was incorrect. She said it had recorded malicious reports and complaint about her, without recording the reasoning or outcome of these enquiries.
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 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s complaint is about data processing by the Council. The Information Commissioner’s Office (ICO) is better placed than us to deal with this matter. This is because it has powers to require rectification of inaccurate data and to impose penalties that we lack.
Final decision
We will not investigate Miss X’s complaint because the ICO is better placed than us to deal with it.
Investigator's decision on behalf of the Ombudsman