Norfolk County Council (24 016 412)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 20 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council is recording inaccurate personal information about Mr X. This is because the Information Commissioner is better placed to deal with the matter.
The complaint
- Mr X complains that the Council are holding inaccurate information about him on its records despite him submitting a right to rectification request.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate this complaint. Mr X has asked the Council to make changes to inaccurate information held about him. It is then for the Council to ensure its records are ‘rectified’. This means any factual inaccuracies are corrected. If the Council refuses to do so, Mr X can complain to the Information Commissioner’s Office (ICO), which I understand he has done.
- Parliament set up the ICO to consider data protection disputes which includes ‘right to rectification’ disputes. The ICO is better placed than the Ombudsman to consider if the Council should change its records. I have seen no good reason the Ombudsman should investigate instead of the ICO, therefore, we will not investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because the ICO are better placed to consider the issues raised.
Investigator's decision on behalf of the Ombudsman