The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has not properly investigated a potential attempted fraud as criminal matters are for the police. Mrs X’s concerns about data protection are best dealt with by the Information Commissioner’s Office.
The complaint
Mrs X complains the Council has failed to properly investigate attempted fraud by someone impersonating Mrs X. Mrs X is unhappy the Council says it did not record telephone calls in question and that it has not protected her personal data.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6)) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X believes a third party, claiming to be her, attempted to defraud the Council. This is a matter for the police.
Mrs X is unhappy the Council has told her the telephone calls in question were not recorded and that the Council has not protected her personal data. These are both issues best dealt with by the Information Commissioner’s Office (ICO) as it is the UK’s independent authority on data protection and information rights matters.
For these reasons we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because it is best dealt with by the police and the ICO.
Investigator's decision on behalf of the Ombudsman