Summary: Ms X alleges a Council officer disclosed her personal information to a third party. We will not investigate. This is because there is a more suitable agency better placed to investigate and because we would not be able to achieve the outcome sought.

The complaint

1. In short, Ms X says a Council officer released her personal data to a third party which has caused her to suffer ill health. Ms X would like to be compensated for her ill health.

Back to top

The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 cannot achieve the outcome someone wants

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

Back to top

How I considered this complaint

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

Back to top

My assessment

6. We will not investigate this complaint. This is because it is reasonable for Ms X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the regulator for information rights, and it is best placed to consider whether the Council has safeguarded Ms X’s personal data in line with its data obligations.
7. Further we cannot achieve the outcome sought in terms of compensation for Ms X’s ill health. Only the courts can adequately assess a claim for compensation arising from alleged negligence.

Back to top

Final decision

8. I will not investigate this complaint. The Information Commissioner is better placed to consider the Council’s handling of Ms X’s personal information. And we cannot achieve the outcome sought.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman