Summary
Mrs says the Council breached her personal information resulting in her being attacked. We will not investigate. This is because it is reasonable for Mrs X to complain to the Information Commissioner’s Office as it is better placed to deal with her complaint.
The complaint
Mrs X complains about the Council breaching her confidential data in relation to a personal matter. She says this resulted in her being attacked verbally and physically.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), as amended)
How I considered this complaint
I considered information provided by the complainant. And I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. This is because it is reasonable for Mrs X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices.
The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require Councils to comply with data protection laws. So, it can consider whether the Council has responded in line with its data protection duties towards Mrs X.
Investigator's decision on behalf of the Ombudsman