The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint that a Council breached her data when dealing with her complaints. This is because it is better dealt with by the Information Commissioner's Office.
The complaint
Ms X complains about the Council breaching her personal data in the way it dealt with her emails containing several complaints. She says her emails were forwarded to the Council’s highways contractor Amey although she had no complaint for Amey.
Ms X says she has been caused distress and also time and trouble in complaining. She would like to be compensated £500 and an assurance the breached data is deleted.
The Ombudsman’s role and powers
We investigate 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 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says she intends to complain 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 Ms 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 the Ombudsman can intervene given the substantive matter is for the ICO.
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