The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint that a Council provided false information and breached confidentiality. This is because it is best dealt with by the Information Commissioner's Office.
The complaint
Miss X complains about the Council providing false information and breaching confidentiality. This has caused great distress to her and her family.
Miss X would like the Council officers responsible to be disciplined. She would also like to be compensated for the distress caused.
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 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: we cannot achieve the outcome someone wants, there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X has confirmed that she has already complained to the Information Commissioner.
The Information Commissioner's Office (ICO) is the UK's independent authority on data protection and information rights matters. It is best placed to determine if the Council has responded correctly to the concerns raised by Miss X. So, we will not investigate.
While I appreciate Miss X is seeking compensation as a remedy, and the ICO does not award compensation, this does not mean that the Ombudsman should also now investigate. Further, we cannot achieve the outcome requested as we have no powers to discipline officers.
Final decision
We will not investigate Miss X’s complaint because it is better dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman