Summary: We will not investigate this complaint about the Council’s failure to respond to a subject access request made by the complainant. And for unauthorised disclosure of personal information to a third party. This is because the complainant has already complained to the Information Commissioner who is better placed to investigate. Also, the Ombudsman cannot decide whether the Council is liable for the damages claimed by the complainant.

The complaint

1. The complainant, I shall Ms X, complains the Council has failed to provide her with information she is seeking as part of a Subject Access Request. She has already complained to the Information Commissioner’s Office (ICO).
2. Ms X says the failure to provide this information and the unauthorised disclosure of personal information led to her eviction from her home.
3. She wants the Council to provide the information she has asked for and to pay damages for the emotional and mental distress, impact on her quality of life and disruption to her living situation.

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The Ombudsman’s role and powers

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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or

(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)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council confirms it has not yet responded to Ms X’s request for information. It says the ICO is aware of the situation.
9. I will not investigate as Ms X has already complained to the Information Commissioner (ICO). The ICO is best placed to consider the ongoing delays in dealing with her request.
10. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims.
11. We are not able to decide liability or award damages. We cannot determine whether the Council is liable for the damages claimed by Ms X. Only the courts can determine claims for damages.

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Final decision

12. We will not investigate Ms X’s complaint because she has already complained to the ICO which is the appropriate body to continue to deal with her concerns. Also, the Ombudsman cannot determine whether the Council is liable for damages.

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Investigator's decision on behalf of the Ombudsman