Bournemouth, Christchurch and Poole Council (25 015 807)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s complaint handling regarding a potential data breach of Ms X’s personal details. This is because the substantive issue is out of our jurisdiction.
The complaint
- Ms X complained that when she complained to the Council about a potential data breach, it conducted a biased and improper investigation.
The Ombudsman’s role and powers
- 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 this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council because she believed the Council disclosed her personal details to a council tenant.
- The Council investigated and told Ms X there was no evidence of a data breach.
- Ms X has brought her complaint to the Ombudsman because she is unhappy with the Council’s investigation. The Ombudsman will not investigate a council’s complaint handling where the substantive issues are out of jurisdiction. The Information Commissioner’s Office (ICO) is best placed to investigate matters relating to personal data and Ms X has referred the complaint to the ICO. The Ombudsman will therefore not investigate the Council’s complaint handling.
Final decision
- We will not investigate Ms X’s complaint because the substantive issue is out of our jurisdiction.
Investigator's decision on behalf of the Ombudsman