Telford & Wrekin Council (19 010 931)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 18 Nov 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s handling of personal data. This is because the Information Commissioner’s Office is the appropriate body to consider her concerns.
The complaint
- Ms X complains the Council wrongly sent her another person’s data. She is also concerned about how the Council might have handled her own information.
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)
- We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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)
How I considered this complaint
- I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error and mistakes in handling personal information.
- There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. Ms X should therefore approach the ICO about her concerns. It is the appropriate body to consider her complaint.
Final decision
- The Ombudsman will not investigate Ms X’s complaint. This is because the Information Commissioner’s Office is the appropriate body to consider her concerns.
Investigator's decision on behalf of the Ombudsman