Summary: We will not investigate this complaint about the actions of a Council employee as the complainant is not personally impacted to a degree that would warrant our further action.

The complaint

1. Mrs X complains the Council has not properly investigated a complaint she made to it that one of its employees breached data protection law. Mrs X is concerned as she says a safeguarding issue is involved.

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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 or continue an investigation if we decide any injustice is not significant enough to justify our involvement (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)

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How I considered this complaint

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

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My assessment

6. While I recognise Mrs X’s concerns, we will not investigate as she is not impacted personally from her complaint to a degree that would justify our further action. We will not therefore investigate.
7. Mrs X may be able to raise her concerns with the Information Commissioner’s Office (ICO), the UK’s data protection regulator, even though she is not personally affected.

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Final decision

8. We will not investigate Mrs X’s complaint because it does not cause her a level of personal injustice that would justify our further action. The ICO may be able to investigate.

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Investigator's decision on behalf of the Ombudsman