The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s personal data. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as the matter is best dealt with by the Information Commissioner’s Office.
The complaint
Ms X has complained about how the Council has dealt with her personal data. The Council received a utility bill addressed to Ms X for a property she had previously lived at. The Council forwarded the letter to Ms X’s work email address. Ms X says she had never provided this address to the Council and believes the Council’s actions amount to an information breach.
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 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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Ms X’s complaint because she can complain to the Information Commissioner’s Office (ICO) if she is concerned about how the Council handles her personal data. The ICO is the independent body set up to uphold information rights and is best placed to deal with Ms X’s concerns.
Investigator's decision on behalf of the Ombudsman