Summary: We will not investigate this complaint about how the Council communicated with Ms X and responded to her reports of antisocial behaviour. This is because further investigation would not lead to a different outcome, part of the complaint is premature, and complaints about data matters are best considered and decided by the Information Commissioner’s Office.

The complaint

1. Ms X complained the Council did not consider her reasonable adjustments, shared confidential information without her permission and did not deal with her complaints about antisocial behaviour near her home. She said this negatively impacted her physical and mental health. She wanted the Council to stop staff accessing her records without her permission.

Back to top

The Ombudsman’s role and powers

2. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Ms X complained the Council did not consider her reasonable adjustments when it responded to her complaints.
8. In its complaint response, the Council said there had been a formatting error when some of Ms X complaint responses were sent out. It apologised that some of its complaint responses had not been in the format requested by Ms X and said the error had now been corrected and staff had been reminded about which format to use.
9. We will not investigate this part of the complaint because further investigation would not lead to a different outcome. The Council apologised to Ms X for not communicating with her in the format she had requested. It explained why the error had occurred and said what it would do to prevent it happening again.
10. Ms X complained the Council shared her confidential information without her permission.
11. In its complaint response, the Council apologised to Ms X that a staff member had contacted a care agency without her permission. It said the member of staff had tried to contact her twice, but had been unsuccessful and therefore contacted the care agency due to a concern for Ms X’s welfare.
12. We will not investigate this part of the complaint about the handling of Ms X’s personal data because there is another body better placed to consider the matter. The Information Commissioner’s Office (ICO) is the body set up to consider complaints about data issues such as this and so it is best placed to consider it.
13. Ms X complained the Council did not respond to her complaints about antisocial behaviour from her neighbours. In response to enquiries, the Council confirmed that it had received complaint from Ms X about antisocial behaviour. However, it had been unable to respond to the complaint because Ms X had not responded to their enquiries about the matter.
14. We will not investigate this part of the complaint because the Council has not had the opportunity to investigate and reply.

Back to top

Final decision

15. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome, part of the complaint is premature, and complaints about data matters are best considered and decided by the Information Commissioner’s Office.

Back to top

Investigator's decision on behalf of the Ombudsman