The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council wrongly including Ms X’s personal information in Council minutes as this is best dealt with by the Information Commissioner’s Office. In addition, as the matter appears to relate to an estate management issue, this matter is likely to be out of our remit.
The complaint
Ms X complains the Council wrongly included her personal details in minutes about a Council visit. This has caused Ms X distress and impacted on her mental health. Ms X seeks an apology and for the minutes to be retracted.
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) We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, 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’s complaint essentially concerns an alleged data breach and so is best dealt with by the Information Commissioner’s Office (ICO) as it is the UK’s independent authority on such matters.
In her complaint, Ms X references the work of the housing manager. As such, this complaint appears to relate to a matter that is outside our legal remit, as per paragraph three.
For these reasons, 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