The Ombudsman's final decision
Summary: We will not investigate this complaint about the loss and misuse of data. Miss X has a right to go to court it would be reasonable to use.
The complaint
Miss X said the Council lost her child’s passport and misused his data in applying for a replacement without telling her.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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 has confirmed actions by the Council that it has told Miss X she has a right to take to court. She also wants compensation, which only a court can decide.
Final decision
We will not investigate Miss X’s complaint because she has a right to go to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman