The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s use of the complainant’s personal information. This is because the Information Commissioner’s Office is best placed to consider the complaint.
The complaint
The complainant, whom I shall refer to as Miss X, complains about how the Council has handled her personal information. Miss X says the Council shared her bank details between departments and set up a direct debit without her permission. Miss X wants compensation for the alleged data breach and a written apology for comments made by the Council she considers discriminatory.
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 may decide not to start an investigation if 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)) We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s complaint flows from how the Council has used her personal information. Data protection is therefore the key issue. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes wrongly using personal information.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. We also do not award compensation and will not investigate a complaint purely to secure an apology. Miss X should therefore approach the ICO about her concerns.
Final decision
We will not investigate Miss X’s complaint because the Information Commissioner’s Office is best placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman