Summary: We will not investigate this complaint about data protection legislation and the Council breaching Ms B’s personal data. This is because it would be reasonable for Ms B to ask the Information Commissioner’s Office (ICO) to consider her complaint about data protection.

The complaint

1. Ms B complained the Council deliberately mishandled her data, abused her trust, lied, and ignored her concerns. Ms B says the Council provided wrong and misleading information to the police resulting in a police welfare check. Ms B says people involved are deliberately harming her and are abusing their titles to protect themselves and the issues she has raised need correcting.

Back to top

The Ombudsman’s role and powers

2. 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)
3. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Ms B is concerned the Council has protected an employee and gave wrong information about her to the police resulting in it undertaking a welfare check. Although Ms B would have had to explain to the police what was wrong with the information it received from the Council, it is for the police to decide what to do with information it receives. There is not enough evidence of a significant enough injustice to Ms B from the actions of the Council regarding this point to warrant an Ombudsman investigation. We cannot consider personnel matters or anything to do with employment.
7. The Council investigated Ms B’s concerns about breaching personal data and found no evidence to support the allegation. Ms B can ask the ICO to consider her concerns about the data breach and provide the evidence she has to support her allegation. Information about the ICO can be found on the website below:

Data protection complaints | ICO

Back to top

Final decision

8. We will not investigate Ms B’s complaint because it would be reasonable for her to ask the ICO to consider her complaint about the way the Council has handled her data.

Back to top

Investigator's decision on behalf of the Ombudsman