Cumbria County Council (22 017 511)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 28 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a data breach by the Council as it is best dealt with by the Information Commissioner’s Office and the courts.
The complaint
- Mr X seeks compensation for damages, caused he says, by a data breach by the Council, relating to a legal case Mr X is involved in.
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 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Information Commissioner’s Office (ICO) is the UK’s independent authority which upholds data privacy rights. It is best placed to deal with the concerns Mr X raises about the Council’s actions.
- Only the courts can determine claims for damage and Mr X has the right to take such action under data protection regulations. Mr X can take the action himself or can engage a solicitor, many of which take on such cases on a conditional fee basis.
- It is reasonable to expect Mr X to refer his complaint to the ICO and/or take legal action and as such, we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because it is best dealt with by the ICO and the courts.
Investigator's decision on behalf of the Ombudsman