Stockport Metropolitan Borough Council (24 007 283)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 25 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council incorrectly disclosed information about the complainant to their employer. This is because the Information Commissioner is better placed to investigate this matter.
The complaint
- Mr X complains that the Council disclosed information about him to his employer, which led to his dismissal. Mr X also complains about the Council’s decision to refuse his application for discretionary housing payment.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council have accepted that it disclosed his information to his employer and that this constituted a data breach. The Council says it has taken appropriate steps in response to this.
- I will not investigate Mr X’s complaint. This is because it concerns a data breach and therefore the Information Commissioner’s Office (ICO) is better placed to consider the matter.
- I will not investigate Mr X’s complaint that the Council refused his application for a discretionary housing payment because I have seen no evidence that Mr X has complained about this to the Council. Mr X may raise this separately with the Council and if dissatisfied with its final response he can raise a new complaint with the Ombudsman and ask us to consider the matter further.
Final decision
- We will not investigate Mr X’s complaint because the ICO are better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman