Wiltshire Council (25 002 222)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 23 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an alleged data breach because the Information Commissioner’s Office is better placed to deal with the matter.
The complaint
- Miss X complains the Council disclosed personal information about her and her family without her permission, and failed to report that it had done so. She says this affected her mental health.
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 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 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’s Office (ICO) 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, and the Ombudsman’s Assessment Code.
My assessment
- This complaint is directly about an alleged data breach by the Council, and the alleged failure to report it. The ICO is the correct body to consider this complaint. It has powers we lack to determine if there was a breach, if it was correctly reported, and to impose penalties according to the possible effect of the alleged breach. It would be reasonable therefore for Miss X to approach the ICO.
- Once the ICO has considered the matter, and if it confirms the Council’s actions as a data breach, Miss X may make a claim against the Council for damages at court. We cannot determine whether the Council’s actions affected Miss X’s mental health or provide her with a remedy for the injustice she claims.
Final decision
- We will not investigate this complaint because the ICO is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman