The Ombudsman's final decision
Summary: We will not investigate this complaint about a breach of data protection. This is because the Information Commissioner’s Office is better placed to investigate the complaint.
The complaint
Mr Y complained the Council breached data protection rules by sending correspondence about him to an address he was no longer living at.
This caused him upset and worry.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint it would be reasonable for the person to ask for an organisation review or appeal. (Local Government Act 1974, section 24A(6)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information Mr Y and the Ombudsman’s Assessment Code.
My assessment
Mr Y says the Council sent information about a debt it claimed he owed to his former address. Mr Y says he did not owe the Council the amount and his family members opened the correspondence was opened and read it. This caused him upset, worry and annoyance.
Mr Y complained to the Council in April 2022. The Council has followed its data processes to investigate the breach and has apologised to Mr Y. It then referred Mr Y to us and to the Information Commissioner’s Office (ICO).
Analysis 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 disclosing information in error as in Mr Y’s complaint.
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 as it is specifically set up for this purpose. I consider that to be the case here and Mr Y should therefore approach the ICO about his concerns. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because the ICO is better placed to investigate the complaint.
Investigator's decision on behalf of the Ombudsman