The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council misusing Ms X’s data. The Information Commissioner’s Office is best placed to consider the issue.
The complaint
Ms X complains about the Council misusing her data. She says because of this, bailiffs have attended her property which has caused her distress. Ms X wants her address removed from the system and an explanation.
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)) We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. 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 this complaint. We would normally expect someone complaining about a data protection issue to take the matter to the ICO. The ICO are better placed than us to consider if the Council should change its records. There is not a reason in this case for us to investigate the matter instead.
Final decision
We will not investigate Ms X’s complaint because the Information Commissioner’s Office is best placed to consider the issue.
Investigator's decision on behalf of the Ombudsman