Summary: We will not investigate this complaint about the Council’s handling of a benefits claim. This is chiefly because Mr X has used his right of appeal regarding the calculation. The Information Commissioner is better placed to consider allegations of data breaches. We are unlikely to find fault with the Council’s position on recording telephone calls and having staff work from home.

The complaint

1. Mr X complains the Council failed to record his benefit application information correctly. Further, he says the Council has breached data protection due to its policies. He says this led to him receiving an overpayment.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
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)

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How I considered this complaint

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

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My assessment

6. Mr X says he told the Council about his pension. He complains the Council failed to record this when he told them during a telephone call. He says this resulted in his benefits not being calculated correctly. He believes Council staff working from home and the decision not to record calls is a breach of his data protection.
7. Mr X disagrees with the decision that he must repay the overpayment. The tribunal can decide if the Council calculated his benefits claim correctly and if he has to repay an overpayment. So those matters could reasonably form part of an appeal. Mr X has already appealed to the tribunal in relation to this issue and is awaiting a decision. Therefore, as paragraph 2 explained, we cannot consider matters related to the Council’s calculation of his benefit and the resulting overpayment.
8. Mr X may feel that the Council has breached his data. He can complain to the Information Commissioner’s Office about the Council. I consider it reasonable to expect Mr X to appeal as the Information Commissioner’s Office as it is free to use and is better suited to determining if these actions amount to a data breach.
9. It is not appropriate for us question the Council’s procedures as to whether it records telephone calls or allows staff to work from home.

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Final decision

10. We will not investigate Mr X’s complaint because Mr X has used his right of appeal. Mr X can complain to the Information Commissioner’s Office about his data breach concerns. Further we are unlikely to find fault in the Council’s procedures.

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Investigator's decision on behalf of the Ombudsman