Summary: We will not investigate this complaint about the Council’s alleged refusal to send Ms X copies of all the information it holds about her family for her to check and correct. The complaint is about a subject access request and the right to rectification. These are matters the Information Commissioner’s Office is better placed to consider than us. This is because it has powers to order disclosure, to require rectification, and to impose penalties that we lack.

The complaint

1. Ms X said the Council has refused to send her copies of everything it holds about her and her family so she can check it and correct what she says are many inaccuracies.

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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:

• 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))

3. 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

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Although there are clearly matters of dispute between Ms X and the Council regarding her children, this is a complaint about data accuracy, subject access, and rectification. She says there are many inaccuracies in the data the Council holds about her family. She says she has asked for the Council to send her copies of everything it holds regarding her family so she can check it and correct it. She says it would ease her mind to be able to do this. She says the Council has refused.

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Final decision

7. We will not investigate Ms X’s complaint because the Information Commissioner’s Office is better placed than us to consider matters of data accuracy, responses to subject access requests, and rectification of allegedly inaccurate data. It has powers to order disclosure, to require rectification and to impose penalties that we lack.

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Investigator's decision on behalf of the Ombudsman