Solihull Metropolitan Borough Council (20 007 299)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 24 Nov 2020

The Ombudsman's final decision:

Summary: Ms X complains about Council delay in responding to her complaint about a data breach which caused her distress. The Ombudsman will not investigate as this is best dealt with by the Information Commissioner’s Office.

The complaint

  1. Ms X complains the Council has not responded to a complaint she made over a year ago about it breaching her data confidentiality. Mrs X has been caused distress by this and seeks compensation.

Back to top

The Ombudsman’s role and powers

  1. 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
  2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

  1. I considered what Mrs X said in her complaint and I have sent her my draft decision for her comments.

Back to top

What I found

  1. Mrs X complains the Council has not responded to a complaint she made over a year ago about it breaching her data confidentiality. Mrs X says this is despite the Information Commissioner’s Office (ICO) directing the Council to provide a response.
  2. Mrs X has been caused distress by this and seeks compensation.
  3. The ICO is the UK’s independent authority on data protection matters. It is best placed to deal with the concerns Mrs X raises about the alleged data breach and the Council delay in responding to its direction.
  4. The Ombudsman cannot determine if compensation should be awarded for damage to Mrs X caused by the alleged data breach. Only the courts can do this. There is a procedure open to anyone to make a money claim in the courts and it is reasonable to expect Mrs X to take this course of action for the compensation she seeks.

Back to top

Final decision

  1. My decision is that the Ombudsman will not investigate this complaint. This is because the ICO and/or the courts are best placed to deal with this matter.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings