Summary: Mrs X complained the Council provided incorrect information to her energy and water suppliers which resulted in the accounts being closed and re-opened in the wrong name. The Council was at fault. The Council agreed to pay Mrs X £200 to acknowledge the frustration and inconvenience it caused.

The complaint

1. Mrs X complains jointly and on behalf of her husband, Mr Y. Mrs X says the Council:
• provided incorrect information to Mr Y’s energy and water suppliers which resulted in his accounts being closed;
• provided incorrect information to the energy provider which resulted in the account being re-opened in the wrong name; and
• failed to refer itself to the Information Commissioner’s Office.
2. Mrs X says the matter caused her and Mr Y distress and frustration.

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What I have and have not investigated

3. I did not investigate Mrs X’s complaint that the Council should refer itself to the Information Commissioner’s Office (ICO) or her concerns that the Council breached data protection. This is because Mrs X can refer the matter to the ICO herself and the ICO is better suited to consider this type of complaint as explained in points 6 and 7 of this decision.
4. I have investigated the Council’s response to Mrs X’s complaint and how it acted once it became aware of the matter.

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The Ombudsman’s role and powers

5. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
6. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
7. 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)
8. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
9. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

10. I spoke to Mrs X and considered information she provided.
11. I considered information provided by the Council.
12. Mrs X and the Council had the opportunity to comment on the draft decision. I considered comments before I made a final decision.

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What I found

What happened

13. In October 2022 the Council contacted Mr Y’s water and energy suppliers. The Council told the suppliers it had taken control of a property in the area where Mrs X lives. The Council requested the accounts associated with the property be closed and transferred to its suppliers. Mrs X says the Council provided her address to the suppliers in error.
14. Mrs X became aware of the matter and contacted the Council. She told it that Mr Y’s energy account and their joint water account had been closed because of its actions and requested the Council correct the error.
15. The Council contacted the water and energy suppliers. The water supplier reinstated the original account. However, the energy supplier requested confirmation of the account holder’s details. The Council provided Mrs X’s details to the supplier in error, and the supplier opened a new account in Mrs X’s name.
16. In November 2022 Mrs X complained to the Council. She said:
• the Council closed the water and energy accounts without authorisation;
• it had provided her details to the energy supplier rather than Mr Y’s resulting in the account being opened in her name rather than his; and
• it inappropriately managed her personal information.
17. The Council responded in December 2022. It told Mrs X:
• it partially upheld her complaint that it had requested their energy and water accounts be closed in error. It said the energy supplier was also partially responsible for the fault;
• it upheld her complaint about inappropriate use of her personal data. It said it should have confirmed the account holder’s details before giving the energy supplier Mrs X’s details. It told Mrs X its information governance team had reviewed the matter and it had amended its procedures to ensure explicit permission is sought to pass on any personal details in the future; and
• it apologised to Mrs X for any distress caused.
18. Mrs X remained dissatisfied with the Council’s response and requested a stage 2 escalation. She told the Council it had breached data protection as it had not sought her consent when it provided her details to the energy supplier. Mrs X asked the Council to investigate the matter further and to refer itself to the ICO.
19. The Council responded to Mrs X’s request at stage 2 of its process. It told her:
• it fully upheld her complaint. It accepted fault for closing the energy and water accounts and for providing her details to the energy company in error;
• it would not refer the matter to the ICO because it had determined the matter did not meet the requirements for a self-referral;
• she could refer the matter to the ICO herself;
• it apologised for the inconvenience caused; and
• offered to pay Mrs X £50 in acknowledgement of the distress caused by the fault.
20. Mrs X remained dissatisfied with the Council’s response and brought her complaint to us.

Analysis

21. The Council provided inaccurate information to Mr Y’s energy supplier and Mr Y’s and Mrs X’s water supplier which resulted in the accounts being closed in error. It then provided Mrs X’s details to the energy provider by mistake which resulted in a new account being opened in her name. This was fault. Whilst there was no interruption in the energy or water service provided to Mrs X's home, this caused Mrs X and Mr Y frustration and inconvenience. In response to Mrs X’s complaint, the Council:
• accepted fault for the errors;
• explained service improvements it had made to prevent reoccurrence of the faults;
• apologised to Mrs X; and
• offered to pay Mrs X £50 in acknowledgement of the distress caused.
22. Whilst these are appropriate actions to prevent recurrence of the fault, they do not go far enough to remedy the injustice caused to Mrs X.

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Agreed action

23. Within one month of the final decision, the Council agreed to pay Mrs X an enhanced £200 symbolic payment in recognition of the frustration and inconvenience it caused when it requested the water and energy accounts be closed, and in recognition of the frustration it caused when it provided her details to the energy provider in error.
24. The Council should provide us with evidence it has complied with the above action.

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Final decision

25. I completed my investigation. I found fault and the Council has agreed to take action to remedy the injustice caused by the fault.

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Investigator's decision on behalf of the Ombudsman