Summary: We will not investigate this complaint about data sharing as part of a fraud investigation. This is because the complainant can complain to the Information Commissioner and because the case has been considered by the tribunal. In addition, we cannot investigate the Department for Work and Pensions.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council has discriminated against her and accessed bank accounts without her consent. She says there was a false investigation by the Department for Work and Pensions (DWP) and the Council breached data protection law.

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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 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 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)
4. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6), as amended)
5. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
6. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the DWP. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

7. I read the complaint and the Council’s responses. I considered the tribunal decision. I considered comments Ms X made in reply to a draft of this decision.

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What I found

What happened

8. The DWP carried out an investigation into Ms X’s entitlement to Employment and Support Allowance and housing benefit. The Council subsequently decided it had paid too much housing benefit to Ms X. It decided Ms X had not disclosed that she had a joint bank account with her sister. The money in the joint account meant Ms X had capital of more than £16,000. The law says people cannot receive housing benefit if they have more than £16,000. The Council asked Ms X to repay £12,240.
9. Ms X appealed against the decision to the tribunal. The tribunal dismissed the appeal. The tribunal confirmed the Council’s decision that Ms X had more than £16,000 and must repay the housing benefit.
10. Ms X complained that the Council had breached data protection law by sending information about her sister’s account to the tribunal. Ms X said the Council had discriminated against her and it was not a crime to be on her sister’s account. In response, the Council explained that the law allows data sharing with the DWP to prevent fraud. It also said it had to send information to the tribunal in response to the appeal she had lodged. The Council said there was no evidence of discrimination.

Assessment

11. I will not start an investigation for the following reasons.
12. Ms X can complain to the ICO if she thinks the Council has broken data protection law. It is reasonable to expect her to do this because the ICO is the appropriate body to consider complaints about the handling of data. An email from Ms X, in response to a draft of this decision, suggested she had contacted the ICO.
13. Ms X appealed to the tribunal. The tribunal considered the way the Council took into account the sister’s bank account in its assessment of Ms X’s housing benefit claim. The law says we cannot investigate any matter that has been the subject of an appeal to the tribunal.
14. Ms X says the DWP carried out a false investigation. The DWP is not part of the Council so I cannot investigate its actions.

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Final decision

15. I will not start an investigation because Ms X can complain to the ICO, she has appealed to the tribunal, and because I cannot investigate the DWP.

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Investigator's decision on behalf of the Ombudsman