The Ombudsman's final decision
Summary: We will not investigate this complaint about compensation for unlawfully processed data as this is a matter for the courts.
The complaint
Mr X complains the Council unlawfully processed his personal data which he says caused him significant anxiety, emotional distress, and deterioration in his mental health. Mr X seeks compensation for the impact on him.
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 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
Data protection law provides the right to claim compensation for damage resulting from a breach of that law. This includes both material damage and non-material damage, for example, distress.
Only the courts can determine such claims and there is a relatively simple and low-cost procedure open to anyone to make such a claim. Mr X can do this himself or via a solicitor, who may take on his case on a no win no fee basis. We are not empowered to decide if the Council is legally liable for the damage to Mr X or if compensation should be paid.
For these reasons, it is reasonable to expect Mr X to seek a remedy in court and we will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to seek his remedy in court.
Investigator's decision on behalf of the Ombudsman