The Ombudsman's final decision
Summary: We will not investigate this complaint about data protection issues because the Information Commissioner is better placed to consider the complaint.
The complaint
Miss Y complained the Council has shared her personal data with a third party and has failed to answer her complaint about this matter.
Miss Y says this has breached her privacy and she has withdrawn from various NHS services as a result. It has also impacted her family significantly.
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 investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y has complained the Council provided her details to a third party.
The Information Commissioners Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Miss Y should therefore approach the ICO about her concerns.
As we are not investigating the substantive issue around data protection, it is not a good use of public resources to consider how the Council dealt with Miss Y’s complaint.
Final decision
We will not investigate Miss Y’s complaint because the Information Commissioner is better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman