Summary: The Ombudsman will not investigate Mr X’s complaint about an alleged breach of his personal information. This is because the Information Commissioner’s Officer is the appropriate body to consider his concerns.

The complaint

1. Mr X complains the Council sent him a Housing Benefit letter which included unnecessary personal information in the address window.

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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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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 Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. The role of the Ombudsman is to look for administrative fault. But at the heart of Mr X’s complaint is a data protection issue. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error and wrongly using a person’s data.
6. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO.
7. I consider the ICO to be in a much better position than the Ombudsman to consider Mr X’s complaint. It can decide if there has been a breach of Mr X’s personal data. If there has, it can decide if the Council has dealt with the breach appropriately. The ICO has much wider powers than the Ombudsman to act if it finds the Council has failed in its duties as a data controller. Mr X should therefore complain to the ICO because it is the appropriate body to deal with his concerns.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint. This is because the Information Commissioner’s Officer is the appropriate body to consider his concerns.

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Investigator's decision on behalf of the Ombudsman