The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that a Council officer breached her personal data. This is because it is best dealt with by the Information Commissioner's Office.
The complaint
Mrs X complains about a Council officer breaching her personal data after it received a letter from the Police in error. Mrs X says she has been caused stress trying to protect her reputation from false allegations.
Mrs X would like the Council officer to apologise and undergo training. She would like the Council to ensure its procedures do not allow this to happen again.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’ resulting in an 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
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 Mrs X. So, we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because it is better dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman