The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council breaching the complainant’s personal data. This is because the Information Commissioner’s Office is the most suitable agency to deal with any breach of data protection.
The complaint
In summary, Ms X complains about her personal information being provided to a different council department without her permission.
Ms X says she has been left feeling humiliated and unable to trust the Council.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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))
How I considered this complaint
I considered information provided by the complainant which includes the Council’s responses.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. This is because it is reasonable for Ms X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the body with specific powers and expertise to investigate the Council’s breach of her personal data.
Final decision
We will not investigate Ms X’s complaint because the Information Commissioner is better placed.
Investigator's decision on behalf of the Ombudsman