The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council beaching her confidential data to a third party. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. This complaint is better dealt with by the Information Commissioner.
The complaint
Miss X says the Council released confidential information about her to a third party causing her family to suffer harassment. She would like an apology and compensation.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner's Office (ICO) is the UK's independent authority on information rights matters. It is better placed to determine if the Council has breached Miss X’s personal data. So, we will not investigate.
While the ICO does not provide compensation, this does not mean the Ombudsman can consider. It is not a good use of public resources to investigate other issues arising if we are not dealing with the substantive issue.
Final decision
We will not investigate Miss X’s complaint because there is another body better placed to consider this complaint.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman