Summary: We will not investigate this complaint about the Council sharing personal data. It is better considered by the Information Commissioner’s Office, and the matter of compensation is for the courts to determine.

The complaint

1. Miss X complained the Council shared her personal data with others involved in an antisocial behaviour matter, leading to her being targeted and forced to relocate. The Council admitted the error, and offered to compensate Miss X, but now requires her to undergo a medical assessment to quantify that offer.
2. Miss X says the matter caused her extreme distress and she has needed significant police involvement to safeguard her. She wants the Council to apologise and give assurances the error will not recur. She wants the medical assessment to be expedited and the compensation to be paid to her.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. 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)
6. 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

7. I considered information Miss X provided and the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Miss X’s complaint about the Council releasing her personal data. The Information Commissioner’s Office (ICO) is the statutory body created to consider complaints about data breaches and is best placed to investigate the matters raised. It is therefore reasonable for Miss X to pursue her complaint through the ICO.
9. In addition, the Council has already admitted fault in releasing Miss X’s data, and the matter outstanding is the amount of compensation due to her. If the parties cannot agree an amount, Miss X’s claim for compensation would best be considered by the courts. It is not our role to assess economic losses and to award compensation in the way the courts can. When we recommend financial remedies, they are often a modest amount whose value is intended to be largely symbolic, rather than purely financial. It would be reasonable for Miss X to take the matter to court, and therefore we will not investigate her complaint.

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Final decision

10. We will not investigate Miss X’s complaint because it is a matter for the ICO, and her compensation claim would best be considered by the courts.

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Investigator's decision on behalf of the Ombudsman