Nottinghamshire County Council (24 020 211)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 14 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about information held by the Council. This is because the Information Commissioner’s Office is best placed to deal with the complaint.
The complaint
- The complainant, Mr X, complained about information held by the Council. Mr X wants the Council to amend its records.
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. Government Act 1974, section 24A(6), as amended, section 34(B))
- We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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
- The issue at the heart of Mr X’s complaint is data protection and the accuracy of information held by the Council. We will not start an investigation into Mr X’s complaint.
- The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error and holding inaccurate information.
- There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. Mr X should approach the ICO about his concerns if he cannot resolve the matter with the Council.
Final decision
- We will not investigate Mr X’s complaint because it is best considered by the ICO.
Investigator's decision on behalf of the Ombudsman