Summary: We will not investigate this complaint alleging Council Officers breached COVID-19 rules and the General Data Protection Regulations. This is because any injustice is not significant enough to justify our involvement. And the Information Commissioner’s Office is the suitable body to consider complaints about data protection.

The complaint

1. The complainant, I shall call Mrs K, says:
• 2 officers not wearing PPE visited her home unannounced and failed to maintain social distancing: and
• the Council shared her personal information without her permission

Back to top

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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. I will not start an investigation into Mrs K’s complaint about how the Council breached COVID 19 regulations.
7. The incident took place when there was no requirement to wear Personal Protection Equipment (PPE) and up to 6 people from different households were allowed to mix indoors. I understand Mrs K found the visit upsetting, but I do not consider this is a significant personal injustice which warrants our involvement.
8. If Mrs K believes the Council has improperly revealed information about her to others, it is reasonable for her to complain to the Information Commissioner’s Office (ICO). The ICO can rule as to whether there has been a breach of Data Protection laws.

Back to top

Final decision

9. We will not investigate Mrs K’s complaint because any injustice she may have suffered is not significant enough to justify our involvement. And the Information Commissioner’s Office is the suitable body to consider complaints about her data protection concerns.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman