Summary: We will not investigate this complaint about the Council’s decision not to share information with Ms X. The Information Commissioner’s Office is better placed to consider the complaint. In any case we cannot achieve what Ms X is looking for.

The complaint

1. Ms X complained the Council had received sensitive data about her from her ex-partner. Ms X said the Council refused to provide her with written confirmation of what documents the ex-partner had shared, and that they had been shared without Ms X’s consent. Ms X said the Council’s decision meant she could not prevent further disclosure of her sensitive data by her ex-partner, which seriously impacted her and her family’s wellbeing.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about information rights. 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 Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X was unhappy because the Council would not agree to her request about information it had been sent. It explained the information it received was unsolicited and it offered to delete any material Ms X was concerned about.
7. The Information Commissioner’s Office (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 obey data protection legislation. This would include failure to disclose personal information if required to do so.
8. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. The Council advised Ms X she could raise the matter with the ICO, and I have seen nothing in this case to suggest that it would be unreasonable for Ms X to do so, given that substantially her complaint is about the Council obstructing her information requests.
9. In any case, Ms X wants the Council to acknowledge it was sent information, expressly saying it was done without Ms X’s consent. I have read the Council’s response as to why it could not say this and have no concerns about its position on this. Consequently, we could not achieve this outcome for Ms X.

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Final decision

10. We will not investigate Ms X’s complaint because the ICO is better placed to consider the issue and we cannot achieve what Ms X is looking for.

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Investigator's decision on behalf of the Ombudsman