The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s personal information. The Information Commissioner is better placed to consider and decide complaints about data protection.
The complaint
Mr X complains about the Council’s handling and disclosure of his personal information.
Mr X says this caused distress.
Mr X wants the Council to accept its errors and offer 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))
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner’s Office (ICO) enforces data protection legislation. The ICO can investigate complaints about data protection.
We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and Mr X has already complained to the ICO.
Mr X may go to court to claim compensation for damage or distress caused by the Council if it has breached the General Data Protection Regulations or Data Protection Act.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner is better placed to consider and decide complaints about data protection.
Investigator's decision on behalf of the Ombudsman