Derby City Council (23 019 832)

Category : Children's care services > Adoption

Decision : Closed after initial enquiries

Decision date : 22 Nov 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council refusing to add to its records that a court document about Miss X had incorrectly stated she had twice declined mother and baby placements. The Information Commissioner’s Office is better placed than us to deal with matters of alleged data inaccuracy as it has powers to require rectification and impose penalties that we lack.

The complaint

  1. Miss X said the Council refused to add to her records that a court document contained inaccuracy. She said the document wrongly stated she had twice declined mother and baby placements.

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The Ombudsman’s role and powers

  1. 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))

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The matter Miss X complains of is a matter of alleged data inaccuracy. The Council is responsible for maintaining that data. Miss X wants it corrected as she says it is inaccurate. The Information Commissioner’s Office (ICO) has powers that we lack to require rectification of inaccurate data and impose penalties.

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Final decision

  1. We will not investigate Miss X’s complaint because another body is better placed to consider the matter complained of.

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Investigator's decision on behalf of the Ombudsman

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