Decision : Closed after initial enquiries
Decision date : 24 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about delay in the Council repairing a lift in her home. She also complains the Council disclosed her personal data to a third party without her consent. This is because the complaint is outside the Ombudsman’s jurisdiction. In addition, there is another body better placed to consider her complaint.
- Mrs X complains about delay in the Council repairing a lift in her home. She says the delay meant she was unable to access her bathroom, toilet, and bedroom. She also complains the Council breached data protection legislation as they disclosed her personal data to a third party without her consent.
The Ombudsman’s role and powers
- We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
- 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 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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- Mrs X is a council tenant. Therefore, the Council will be responding to Mrs X’s request for repairs to her property in its capacity as a social landlord.
- Mrs X’s complaint is therefore out of the Ombudsman’s jurisdiction. Mrs X could make her complaint to the Housing Ombudsman once she has exhausted the Council’s complaints process.
- The Information Commissioner’s Office (ICO) deals with complaints about public authorities’ failures to comply with data protection legislation. Therefore, we will not investigate Mrs X’s complaint the Council breached data protection legislation as this complaint is better dealt with by the ICO.
- We will not investigate Mrs X’s complaint because it is outside the Ombudsman’s jurisdiction. In addition, there is another body better placed to consider her complaint about a breach of data protection legislation.
Investigator's decision on behalf of the Ombudsman