The Ombudsman's final decision
Summary: We will not investigate this complaint about a data breach as it is reasonable to expect Miss X to resort to court action for the compensation she seeks.
The complaint
Miss X complains the Council wrongly disclosed her personal medical information to a third party. Miss X says this has caused her significant distress and impacted on her mental health. Miss X seeks compensation for the damage she says has been caused by the data breach.
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
Under data protection law, a person is entitled to seek compensation in court for any damage caused by an organisation if they have broken data protection law. Miss X could take such action herself or through a solicitor, some of whom will act on a ‘no win, no fee’ basis. We cannot determine damage claims.
It is reasonable therefore to expect Miss X to resort to court action for the compensation she seeks from the Council, and we will not therefore investigate.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to take the matter to court.
Investigator's decision on behalf of the Ombudsman