The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council destroying Miss X’s documents because the Council have already investigated Miss X’s complaint and we cannot add to the Council’s investigation. Additionally, there is another body better placed to consider the data breach complaint.
The complaint
Miss X complained the Council wrongly destroyed her personal records. Miss X asked the Council to send her records to her in the post. She later found out the documents had been destroyed. Miss X said the confusion over what had happened to her personal documents caused her stress. Miss X would like compensation for her distress.
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: we could not add to any previous investigation by the organisation, or there is another body better placed to consider this complaint, or (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X sent hard copy documents to the Council in Autumn 2024. She asked the Council to send her documents back to her in the post.
The Council said it had securely disposed of Miss X’s hard copy documents in Spring 2025, in line with their departmental procedures.
In the Council’s complaint response, it apologised to Miss X that her documents had been destroyed, and for miscommunication in Spring 2025. It said that it had put measures in place to ensure that future requests for documentation to be returned are logged and responded to. The Council also offered to pay Miss X for reasonable costs incurred getting another set of her documents.
I will not investigate this complaint because it is unlikely that we could add to the Council’s response. The Council has investigated, issued an apology and said it had put measures in place to ensure that documentation is returned when asked. The Council also offered to repay Miss X for reasonable costs associated with getting extra copies of her records.
Additionally, I will not investigate Miss X’s complaint about a data breach, because Miss X could raise this with the Information Commissioner’s Office who investigate data protection matters.
Final decision
We will not investigate Miss X’s complaint because we cannot add to the Council’s investigation. Additionally, the data breach complaint can be raised with the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman