The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council sent Miss X’s confidential data to a third party. This is because this is best dealt with by the Information Commissioner's Office.
The complaint
Miss X complains about her personal data being sent to a third party. She says this has caused her to suffer with depression and anxiety. She says she knows the third party and visits them sometimes but is puzzled how the Council knows she visits them.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner's Office (ICO) is the UK's independent authority on data protection matters and is best placed to determine if the Council has responded correctly to the concerns raised by Miss X. As such, we will not investigate.
Investigator's decision on behalf of the Ombudsman