Summary: We will not investigate this complaint alleging the Council breached Mrs X’s personal data. This is because there is another body better placed to consider the data breach complaint, and as we are unlikely to be able to add to the Council’s investigation.

The complaint

1. Mrs X says the Council breached her confidentiality by revealing her to be the source of complaints about her former employer.
2. Mrs X says this forced her to resign and suffer ill health. Mrs X would like an apology from the Council, service improvements and compensation to be donated to a charity that has been helping her.

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The Ombudsman’s role and powers

3. 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

• we could not add to any previous investigation by the organization

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complains her employers found out she had complained to the Council about matters the Council regulates. She says the Council’s actions left her with no alternative but to resign.
7. The Council said it interviewed officers involved in Mrs X’s complaint plus it reviewed all the case documents. It said it had found no indication to substantiate Mrs X’s allegation. It added an officer had already highlighted to her that it would not be too difficult for Mrs X’s former employer to work out who raised the complaint to the Council.
8. I will not investigate this complaint because Mrs X could raise this with the Information Commissioner’s Office who investigate data protection matters. While it does not provide compensation, it is the national regulator for data protection issues, and it is better placed to investigate.
9. Further, it is unlikely that we could add to the Council’s response if we did investigate. The Council has considered Mrs X’s complaint and spoken to the relevant officers and checked the documents. We are unlikely to achieve anything more by investigating.

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Final decision

10. We will not investigate Mrs X’s complaint because there is another body better placed to consider. Additionally, we could not add anything more to add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman