Birmingham City Council (24 022 045)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 25 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an alledged data breach of the complainant’s personal data by the Council. This is because the Information Commissioners’ Office is the most appropriate body to handle complaints relating to data protection legislation. There is no evidence to suggest it would be unreasonable for the complainant to complain to this body and so we have no jurisdiction to investigate this complaint.
The complaint
- The complainant (Miss X) complains on behalf of her mother (Mrs Z) about an alledged data breach of personal data by the Council. Specifically, Miss X says the Council negligently exposed Mrs Z’s personal data in relation to a council tax fraud investigation to an email address that should not have been contacted.
- In summary, Miss X says the alledged fault has caused harm to Mrs Z’s physical and emotional health. As a desired outcome, she wants the Council to compensate Mrs Z for the impact caused, apologise and improve its practices.
The Ombudsman’s role and powers
- 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 information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- The issues raised in Mrs Z’s complaint relates to breaches of data protection legislation. Such matters are regulated by the Information Commissioners’ Office (ICO) which receives complaints from members of the public. This is the most appropriate body to investigate the issues raised by Mrs Z and there is no evidence to suggest it would be unreasonable for her to do so.
Final decision
- We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.
Investigator's decision on behalf of the Ombudsman