London Borough of Redbridge (22 016 733)
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council sent his sensitive personal information to his neighbour. This is because this complaint is best addressed by the Office of the Information Commissioner.
The complaint
- Mr says the Council breached his confidentiality by sending his sensitive personal information to a neighbour.
- He says he has been caused great stress and anxiety. He says his neighbour handed him an opened envelope containing his personal information yet the Council denies sending it.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), as amended)
How I considered this complaint
- I considered information provided by the complainant which includes the Council’s responses.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate this complaint. This is because it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the body with specific powers and expertise to investigate the Council’s data protection practices including its response to his complaint.
- The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.
Final decision
- I will not investigate this complaint. It is reasonable for Mr X to complain to the office of the Information Commissioner as it is better placed to consider data protection matters.
Investigator's decision on behalf of the Ombudsman