Summary: We will not investigate this complaint about how the Council dealt with a request for information and that inaccurate information about the complainant was recorded by the Council. This is because the Information Commissioner is better placed to consider these matters.

The complaint

1. Mrs X complains about how the Council dealt with matters regarding a meeting held to make decisions about her child’s education. Mrs X says the Council withheld meeting minutes from her, and that the Council recorded inaccurate information about her and her family.

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 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. I will not investigate Mrs X’s complaint. If Mrs X is unhappy with how the Council dealt with her request for information, then she can complain to the Information Commissioners Office (ICO). The ICO are better placed to consider how council’s deal with requests for information in line with their duties under data protection legislation.
7. The ICO are also best placed to consider Mrs X’s complaint that inaccurate information was recorded about her and her family. Mrs X has the right to rectification if she believes inaccurate information has been recorded about her. She can ask the Council to rectify the documents and if it refuses, she can escalate the matter to the ICO.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because the ICO are better placed to deal with the issues raised.

Back to top

Investigator's decision on behalf of the Ombudsman