Summary: We will not investigate this complaint about the Council’s remedy for disclosing Miss X’s personal information. Miss X says £250 is insufficient for the stress caused to her. She also says the Council should train staff and improve its procedures.

The complaint

1. Miss X complains about the Council’s financial remedy for breaching her personal data to a third party. She says £250 is insufficient for the stress caused to her.
2. She also says the Council should train staff and improve its procedures.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council’s data protection officer investigated Miss X’s complaint in some detail. They found an officer - who has since left the Council’s employment – inadvertently disclosed Miss X’s personal information to a third party when forwarding an ‘email trail’. The Council has apologised, awarded £250 for Miss X’s distress and time taken to complain. They also said staff have been reminded of the risk of forwarding email trails.
7. We will not exercise discretion to investigate this complaint. This is because it is reasonable for Miss X to refer the matter to the Information Commissioner’s Office (ICO) as the Council has advised her already. The ICO is the body with specific powers and expertise to investigate the Council’s data protection practices including its response to her complaint.

8. The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.

Back to top

Final decision

9. I will not investigate this complaint. It is reasonable for Miss X to complain to the office of the Information Commissioner as it is better placed to consider data protection matters.

Back to top

Investigator's decision on behalf of the Ombudsman