Warrington Council (25 006 575)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 04 Sep 2025
The Ombudsman's final decision:
Summary: We will investigate Miss X’s complaint about matters related to the Council’s data handling. This is because it is reasonable to expect her to take the matter to the Information Commissioner’s Office.
The complaint
- Miss X complains about matters related to the Council’s data handling, namely, poor record keeping and access to information issues. Miss X says the Council has failed to comply with GDPR and its own policies.
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 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.
My assessment
- I will not investigate Miss X’s complaints about matters related to the Council’s data handling. This is because it is reasonable to expect her to take the matter to the Information Commissioner’s Officer (ICO). It is the appropriate body to review complaints about data protection.
- It would not be a good use of public money to investigate matters related to the Council’s handling of Miss X’s complaint in isolation when I will not investigate the substantive issue.
Final decision
- We will not investigate Miss X’s complaint because it is reasonable to expect her to take the matter to the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman