Summary
Miss X says the Council has failed to respond to her concerns about a data breach and her request for information. We will not investigate. This is because this complaint does not meet the tests set out in our Assessment Code on which complaints we should investigate. It is reasonable for Miss X to complain to the Information Commissioner’s Office as it is better placed to investigate.
The complaint
Miss X says the Council has failed to consider her concerns about a breach of her personal data. She also says her request for information remain outstanding. Miss X says the Council’s failure to respond has caused her stress, anxiety and depression.
The Ombudsman’s role and powers
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 investigate complaints about ‘maladministration’ and ‘service failure’. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), as amended)
How I considered this complaint
I considered information provided by the complainant. And I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. This is because it is reasonable for Miss X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices.
The Information Commissioner’s Officer has regulatory powers to require Councils to comply with information rights legislation. It can take action against Councils to ensure compliance.
Final decision
I will not investigate this complaint as the Information Commissioner is better placed to investigate.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman