The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint that the Council shared her personal information with a regulatory body without her consent because the Information Commissioner is better suited to consider the matter. We will not investigate the Council’s complaint handling because the tests in our Assessment Code are not met.
The complaint
Miss X complained the Council shared her personal information with a regulatory body without her consent. Miss X also complained about the Council’s complaint handling.
Miss X said the matter caused her distress and frustration.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection and data processing. 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Miss X’s complaint that the Council disclosed her personal information to a regulatory body without her consent. The Information Commissioner was created by parliament to consider complaints about data protection and data processing. I have seen no good reasons the Ombudsman should consider the complaint in place of the Information Commissioner, and so we will not investigate this matter.
We will not investigate Miss X’s complaint about the Council’s complaint handling. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, we will not investigate this matter.
Final decision
We will not investigate Miss X’s complaint because the Information Commissioner is better suited to consider the matter, and because the tests in our Assessment Code are not met.
Investigator's decision on behalf of the Ombudsman