Summary: We will not investigate this complaint about a statement in the Council’s records. The Information Commissioner’s Office is best placed to consider the matter.

The complaint

1. Miss X complained about an inaccurate statement about her on the Council’s records. She said the matter has caused her significant distress. She wanted the Council to remove the statement, apologise and compensate her.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. The General Data Protection Regulation gives people the right to request their information be rectified if it is inaccurate. The Council advised Miss X how she could make a request, and said it would not consider the matter via its complaints process.
6. The Information Commissioner’s Office (ICO) is the body that considers complaints about how organisations manage people’s data. Should the Council decline to change the statement following a formal request, Miss X can take the matter to the ICO.
7. Given that there is not a wider complaint for us to consider, there is not a good reason for us to consider the matter instead. While the ICO cannot recommend a financial remedy, it is best placed to achieve removal of inaccurate data and it is reasonable for Miss X to take the matter to the ICO. We will not investigate it.

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Final decision

8. We will not investigate Miss X’s complaint because the Information Commissioner is best placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman