Sefton Metropolitan Borough Council (24 015 392)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 04 Dec 2024
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about a data breach by the Council. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. This complaint is better considered by the Information Commissioner’s Office .
The complaint
- In summary, Ms X complains the Council committed a data breach affecting her and her relative when their private correspondence ended up being opened by Royal Mail staff.
- Ms X is dissatisfied with the Council’s response to her complaint about the data breach which the Council appears to acknowledge it was inadvertently responsible for. The Council signposted Ms X to both this office and the Information Commissioner’s Office.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Ms X’s complaint. This is because this is a complaint about a data protection which is better addressed by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman