The Ombudsman's final decision
Summary: We will not investigate this complaint about an allegation the Council wrongly shared personal information with a third party. The Information Commissioner’s Office is the appropriate body to consider this complaint.
The complaint
The complainant, Mrs X, complained the Council wrongly shared her personal information with a third party. Mrs X says this caused upset and meant she had to move address. Mrs X wants an apology and compensation.
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’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.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation into Mrs X’s complaint.
The issue at the heart of this case is about data protection.
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.
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. It has much wider powers to act in cases like this. Mrs X should therefore approach the ICO about her concerns.
Final decision
We will not investigate Mrs X’s complaint because the Information Commissioner’s Office is better placed than the Ombudsman to consider it.
Investigator's decision on behalf of the Ombudsman