London Borough of Newham (21 014 029)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 21 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about the Council sending emails to the wrong email address. This is because the Information Commissioner is in the best position to decide the matter.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council breached data protection laws by sending emails for him to the wrong email address. Mr B says the Council has refused to remove the incorrect email address from its systems. Mr B also says the Council has ignored his requests to see information it holds about him. Mr B would like the Council to acknowledge this issue, provide the information he has requested, and remove any incorrect information.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
- 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)
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Information Commissioner is in the best position to decide the issues Mr B complains about. It is for the Information Commissioner to decide whether the Council has breached data protection laws.
- Mr B has already complained to the Information Commissioner, who has written to the Council asking it to take further action.
- Mr B may pursue his complaint with the Information Commissioner if he is not satisfied with the action taken by the Council.
Final decision
- We will not investigate Mr B’s complaint because there is another body – the Information Commissioner’s office – which is better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman