The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about an alleged breach of her personal data. The Information Commissioner’s Office is better placed to consider this complaint.
The complaint
Ms X complains the Council disclosed her personal data without her consent. She says this has caused distress and affected the outcome of court proceedings. She wants the Council to apologise, take disciplinary action against relevant staff and compensate her for distress caused.
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)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
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 is the UK’s independent regulator of information rights, data handling and data protection matters.
In her complaint to us, Ms X told us she has already approached the ICO about her complaint. The ICO is the appropriate body to consider this complaint and is better placed to do so, so we will not investigate.
Final decision
We will not investigate Ms X’s complaint because the Information Commissioner’s Office is better placed to consider her complaint about an alleged breach of her personal data.
Investigator's decision on behalf of the Ombudsman