LGO (Local Government & Social Care Ombudsman) Other

Cheltenham Borough Council

22-003-105 · Environment And Regulation › Refuse And Recycling · Decision date: 15 June 2022

Full Decision

The Ombudsman's final decision

Summary: We will not investigate this complaint that the Council failed to protect Ms X’s identity when she made a complaint. This is because the Information Commissioner’s Office is best placed to deal with this matter.

The complaint

Ms X complains the Council failed to protect her identity when she complained about fly tipping and that she has suffered repercussions as a result.

The Ombudsman’s role and powers

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

Ms X complains the Council failed to protect her identity when she made a complaint to it about fly tipping. Ms X says she has experienced repercussions which have caused her distress. Ms X wants to ensure the Council has a robust procedure in place for handling personal data.

The Information Commissioner’s Office (ICO) is the UK’s independent authority on data protection matters and is best placed to respond to the concerns Ms X raises. As such, we will not investigate.

Final decision

We will not investigate Ms X’s complaint because it is best dealt with by the ICO.

Investigator's decision on behalf of the Ombudsman