Summary: We will not investigate this complaint about a breach of data protection. This is because the complainant has raised the matter with the Information Commissioner’s Office, who are best placed to deal with complaints about data protection matters.

The complaint

1. The complainant, who I will call Mr X, complains that the Council breached data protection rules when sharing his personal information with a third party. Mr X has also complained to the Information Commissioners Office (ICO) about the same matter.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate this complaint. This is because Mr X has taken his complaint to the ICO which is the appropriate body to consider complaints about data protection matters.

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Final decision

7. We will not investigate Mr X’s complaint because he has complained to the Information Commissioners Office who are best placed to deal with complaints about data protection.

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Investigator's decision on behalf of the Ombudsman