Calderdale Metropolitan Borough Council (23 018 468)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 26 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a data breach by the Council. This is because this is a matter best considered by the Information Commissioner’s Office.
The complaint
- The complainant, whom I shall call Mr X, complains about a data breach by the Council.
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 do not start 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 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
- Mr X complained to the Council that it committed a data breach when it shared his personal data with a third party, by email, without his consent.
- The Council acknowledged the data breach and apologised to Mr X for its error. It signposted him to the Information Commissioner’s Office (ICO) if he remained dissatisfied with its response to his complaint.
- We will not investigate Mr X’s complaint. This is because, as per the Council’s signposting, this is a complaint about a data matter which the ICO is best placed to consider and decide.
Final decision
- We will not investigate Mr X’s complaint because it is about a data matter which is best considered by ICO.
Investigator's decision on behalf of the Ombudsman