Summary: We will not investigate Mrs X’s complaint about the Council breaching her personal data. Further investigation by us would not lead to a different outcome and the Information Commissioner’s Office is better placed to consider it.

The complaint

1. Mrs X complained the Council disclosed her personal data to an unauthorised third party.
2. Mrs X said this caused significant distress.

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The Ombudsman’s role and powers

3. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained the Council disclosed her personal data to an unauthorised third party, without her permission.
8. In its complaint response, the Council acknowledged the error and upheld the complaint. It also apologised to Mrs X, identified improvements to its service and training needs for its staff, and offered a symbolic financial remedy which appears in line with our Guidance on Remedies.
9. The actions taken by the Council appear appropriate. We would be unlikely to achieve significantly more than this by investigating. Therefore, we will not investigate this complaint.
10. Also, because the complaint is about a breach of Mrs X’s personal data, the complaint is likely better placed with the Information Commissioner’s Office (ICO). Parliament set up the ICO to consider data protection disputes and issues and so it is better placed than the Ombudsman to consider these concerns.

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Final decision

11. We will not investigate Mrs X’s complaint because further investigation by us would not lead to a different outcome and the Information Commissioner’s Office would be better placed to consider it.

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Investigator's decision on behalf of the Ombudsman