Summary: We will not investigate this complaint about a data breach by the Council. This is because the issues are better considered by the Information Commissioner and the courts.

The complaint

1. The complainant, who I will call Mrs X, seeks compensation for damages caused by a data breach, which she says the Council committed.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. I will not investigate Mrs X’s complaint because the Information Commissioner’s Office (ICO) and the courts are better placed to consider these matters.
7. The Information Commissioner’s Office (ICO) is the UK’s independent authority which upholds data privacy rights. It is best placed to deal with the concerns Mr X raises about the Council’s actions.
8. Only the courts can determine claims for damages and Mrs X has the right to take such action under data protection regulations. Mrs X can engage a solicitor to act on her behalf, many of which take on such cases on a conditional fee basis.
9.  

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Final decision

10. We will not investigate Mrs X’s complaint because other bodies are better placed to consider this issues she raised.

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Investigator's decision on behalf of the Ombudsman