Cornwall Council (24 018 503)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 07 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council sharing her personal information with a third party without her consent. This is because complaints about data matters such as this are best considered by the Information Commissioner’s Office.
The complaint
- The complainant, Mrs X, complains the Council shared her email address with a debt collection company without her consent.
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
- Mrs X complained to the Council that it shared her email address with a debt collection company without her consent.
- The Council has confirmed it is considering this as a data matter rather than via its complaints procedure and that it will signpost Mrs X to the Information Commissioner’s Office (ICO) should she remain dissatisfied with the outcome.
- We will not investigate Mrs X’s complaint. This is because complaints about data matters such as this are best considered by the ICO as the body set up to consider such matters. We will not also consider it. The ICO will be able to make a ruling on whether a data breach has occurred and, if so, what action is required.
Final decision
- We will not investigate Mrs X’s complaint because it is about a data matter which is best considered by the ICO.
Investigator's decision on behalf of the Ombudsman