Summary: We will not investigate Mr X’s complaint about a data breach. This is because it is better dealt with by the Information Commissioner's Office.

The complaint

1. Mr X complains the Council breached someone else’s confidentiality when it provided information to his solicitors for his court case against his landlord.
2. Mr X says this has created stress, legal costs and was avoidable. He would staff to be trained properly, an investigation and compensation for all parties involved suffering damages.

Back to top

The Ombudsman’s role and powers

We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X’s complaint is better dealt with by the Information Commissioner.
6. The Information Commissioner's Office (ICO) is the UK's independent authority on data protection and information rights matters. It is best placed to determine if the Council has responded correctly to the concerns raised by Mr X. So, we will not investigate.
7. While I appreciate Mr X is seeking compensation as a remedy, and the ICO does not award compensation, this does not mean that the Ombudsman should investigate.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because it is better dealt with by the ICO.

Back to top

Investigator's decision on behalf of the Ombudsman