The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council breaching Mr X’s confidentiality. That is because complaints about breach of data protection are best dealt with by the Information Commissioner’s Office.
The complaint
Mr X complained the Council breached his confidentiality after he contacted it for advice about his neighbour’s drainage. He said the Council were wrong to speak to his neighbour about the drainage and that in doing so, the Council had failed to keep his contact with it confidential. Mr X wants the Council to apologise and accept its actions were wrong. He said his relationship with his neighbour has been affected.
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: any injustice is not significant enough to justify our involvement, or 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s substantive complaint is that the Council has breached his confidentiality, by approaching his neighbour about his drainage concerns. Any complaints about data protection are best dealt with by the Information Commissioner’s Officer. Therefore, we will not investigate this complaint.
In any event, we would not investigate as I do not consider the Council’s actions have caused Mr X a significant enough injustice to justify our involvement.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office deals with complaints about data protection.
Investigator's decision on behalf of the Ombudsman