Summary: We will not investigate this complaint about inaccurate personal data held by the Council. This is because there is another body better placed to investigate this complaint. The Information Commissioner’s Office (ICO) is the UK’s independent body set up to uphold information rights and can help with the ‘right to rectification’ of inaccurate or incomplete data.

The complaint

1. Ms C says the Council has recorded false information about her. Ms C wants to know where the Council got this information and wants the Council to correct it.

Back to top

The Ombudsman’s role and powers

2. 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:

• any fault has not caused significant enough injustice to the person who complained to justify our involvement, or
• further investigation would not lead to a different outcome, or
• 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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Ombudsman cannot tell the Council to change its records of events. The best that can be achieved is for the Council to add to its records to show what Ms C disputes. This has likely already taken place with the complaint information now on file.
6. The Information Commissioner’s Office (ICO) is the UK’s independent body set up to uphold information rights. You have a right to challenge the accuracy of personal data an organisation holds about you and have a right to get data corrected. The ICO would therefore be better placed to consider this complaint and possibly achieve the outcomes Ms C wants.

Back to top

Final decision

7. We will not investigate Ms C’s complaint because there is another body better placed to consider this complaint and we cannot achieve the outcomes Ms C wants.

Back to top

Investigator's decision on behalf of the Ombudsman