Leeds City Council (20 004 243)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 03 Nov 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s use of his personal data. 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 the Council wrongly used his personal data after he submitted a complaint on the Council’s website.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint.
- 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 the information Mr X provided. I sent Mr X a draft of my decision and invited his comments on it.
What I found
- Mr X complains the Council misused his personal data after he submitted a complaint about antisocial behaviour and hate crimes on its website.
Final decision
- We will not investigate this complaint. This is because complaints about data protection issues are best considered by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman