Summary: We will not investigate the complainant’s concerns about the Council losing his information. This is because it is unlikely an investigation by the Ombudsman could add to the Council’s response. The Complainant can also complain to the Information Commissioner’s Office if he is concerned about how the Council handles his personal data.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained the Council lost confidential information he sent to it. Mr X says the Council failed to properly investigate the matter and has raised concerns about how the Council handles his personal data.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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:

• it is unlikely we could add to any previous investigation by the Council, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

3. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

4. In March 2019, Mr X sent the Council a copy of his direct payment account statements. The Council contacted Mr X as it said it had not received this information and asked him to send the statements again. Mr X complained to the Council. He said he had hand delivered the statements and was concerned the Council had lost his confidential information.
5. In 2020, Mr X was asked to provide his direct payment statements for that year. Mr X sent the requested information to the Council in the post. However, the Council said it did not receive this letter. Mr X has since re-sent his statements but is concerned about how the Council deals with his personal data. He has also complained the Council failed to investigate his concerns in 2019 when he first raised them.

Assessment

6. The Council has accepted it did receive Mr X’s account statements in 2019, but the information was not given to its direct payment team as it should have been. It says it is implementing new processes to improve service going forward and prevent this happening again. The Council also says it did look into Mr X’s concerns about the matter in 2019, but this was an internal investigation and therefore it would not have shared the outcome with Mr X. It has apologised its letter to Mr X was unclear in this regard.
7. The Council says it has no record of receiving Mr X’s statements in 2020. However, it will investigate the matter further if Mr X provides additional information. I understand Mr X is unhappy with the Council’s response, but it is unlikely an investigation by the Ombudsman could add to this or achieve anything more for Mr X.
8. Mr X says he is concerned about how the Council deals with his personal information because of the issues he has encountered. However, Mr X can complain to the Information Commissioner’s Office if he is concerned about how the Council handles personal data as this is the appropriate body to consider complaints about these matters.

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Final decision

9. We will not investigate this complaint. This is because it is unlikely an investigation by the Ombudsman could add to the Council’s response. Mr X can also complain to the Information Commissioner’s Office if he is concerned about how the Council handles his personal data.

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Investigator's decision on behalf of the Ombudsman