The Ombudsman's final decision
Summary: We will not investigate this complaint about a breach of data protection. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to raise his concerns with the Information Commissioner’s Office.
The complaint
The complainant, I shall call Mr X, says the Council breached his data protection. He says it told his neighbours that Mr X has reported them for a vermin problem.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 Mr X.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint. We have seen no reason why he cannot complain to the Information Commissioner’s Office (ICO) about how his personal data was handled. The ICO is the organisation created to oversee information rights and is better placed to deal with such complaints.
Investigator's decision on behalf of the Ombudsman