Rochdale Metropolitan Borough Council (19 008 114)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 12 Oct 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs A’s complaint that the Council was at fault in disclosing personal information to a third party. This is because she can bring the matter to the attention of the Information Commissioner, who is better placed to consider it.
The complaint
- The complainant, who I will refer to as Mrs A, complains that the Council was at fault in disclosing personal information to a third party.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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 have considered what Mrs A has said in support of her complaint.
What I found
- Mrs A complains that the Council allowed a third party to access personal information about her. The Council accepts that it did disclose information inappropriately in response to a Subject Access Request from the third party. It has apologised for doing so.
- Mrs A contends that the evidence shows the Council disclosed information before the third party made the Subject Access Request. The Council has denied this and has informed Mrs A of her right to refer the matter to the Information Commissioner.
- The Ombudsman will not investigate Mrs A’s complaint. It is open to Mrs A to bring her concerns to the attention of the Information Commissioner, who is better placed than the Ombudsman to consider complaints about access to information. It would be reasonable for her to do so and the Ombudsman will not intervene.
Final decision
- The Ombudsman will investigate this complaint. This is because she may bring the matter to the attention of the Information Commissioner.
Investigator's decision on behalf of the Ombudsman