Summary: We will not investigate Mr C’s complaint about the Council’s use of his personal data. This is because Mr C may complain to the Information Commissioner, who is in the best position to decide the matter.

The complaint

1. Mr C complains the Council breached the Data Protection Act when it sent a letter for him to his former address. Mr C says this has caused him embarrassment, stress and anxiety. Mr C would like the Council to apologise and change its processes so this does not happen to other people.

Back to top

The Ombudsman’s role and powers

2. 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 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))
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by Mr C.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. There is a disagreement between Mr C and the Council about whether the Council has committed a personal data breach.
7. There is another body better placed to consider this complaint.
8. Mr C may complain to the Information Commissioner about the Council’s use of his personal data.
9. The Information Commissioner enforces all data protection legislation and is in the best position to decide whether the Council has complied with data protection laws.
10. So, we will not investigate this complaint.

Back to top

Final decision

11. We will not investigate Mr C’s complaint because the Information Commissioner is better placed to consider the issue he complains about.

Back to top

Investigator's decision on behalf of the Ombudsman