Summary: Ms X says the Council released her data to a third party. We will not investigate. This is because this complaint does not meet the tests set out in our Assessment Code on which complaints we should investigate. It is reasonable for Ms X to complain to the Information Commissioner’s Office as it is better placed to investigate.

The complaint

1. Ms X complains that her emails and requests for information were forwarded on to a third party without her permission. Ms X is seeking an acknowledgement and an apology from the Council.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

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

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My assessment

5. We will not investigate this complaint. This is because it is reasonable for Ms X to refer the matter to the Information Commissioner’s Office (ICO). The ICO has specific powers to investigate the Council’s handling of Ms X’s data. So, it would be reasonable to expect Ms X to complain to the ICO.

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Investigator's decision on behalf of the Ombudsman