Summary: We will not investigate this complaint about a missing social services record as it is best dealt with by the Information Commissioner’s Office and the courts.

The complaint

1. Miss X complains the Council mishandled her subject access request (SAR) and failed to safeguard her personal data. The Council has told Miss X her childhood social services file is missing. Miss X says this has caused her significant emotional distress. Miss X would like a written apology, recognition of the Council’s legal obligations, meaningful compensation reflecting the harm caused, and an assurance that steps have been taken to prevent such failings from happening again

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection matters. It is best placed to assess the Council's handling of Miss X's case and to determine what steps it should take to put things right.
8. The ICO does not make compensation awards but under data protection law individuals have the right to claim compensation in court for damages arising from a data breach or other violations of data protection rules. This includes both material damages and non-material damages, such as distress and anxiety. There is a relatively simple, low-cost procedure open to anyone to make such a claim in court or Miss X could seek help from a conditional fee solicitor.
9. I consider it is reasonable to expect Miss X to ask the ICO to investigate her complaint and to seek compensation via action in court. For these reasons, we will not investigate.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because it is best dealt with by the ICO and the courts.

Back to top

Investigator's decision on behalf of the Ombudsman