Summary: We will not investigate this complaint about the Council calling Ms X without notice. This is because Ms X’s claimed injustice is not significant enough to justify our involvement. Nor will we investigate Ms X’s complaint about information sharing and information requests because the Information Commissioner’s Office is better placed to consider it.

The complaint

1. Ms X complained the Council called her without any notice saying it had cause for concern. Ms X also complained the Council has shared her data with a National Health Service (NHS) team and did not action information requests she had made under General Data Protection Regulation (GDPR) laws.
2. Ms X said this caused her emotional distress and impacted on her health.

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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:

• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

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

4. 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)

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How I considered this complaint

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

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My assessment

7. Ms X said the council made an unsolicited welfare call to her and she did not receive any prior notice of it. Ms X believes the welfare call was unfounded.
8. While Ms X said the welfare call was unsolicited, the available information does not suggest this was so intrusive to cause a significant injustice to Ms X and therefore we will not investigate this part of Ms X’s complaint.
9. Ms X said the Council shared her information with an NHS service and failed to respond to or action requests she made under GDPR laws.
10. If Ms X believes the Council have not handled her GDPR requests appropriately, or inappropriately shared her data, she has the right to raise this with the Information Commissioner’s office (ICO). The ICO has powers to investigate these matters. Therefore, we will not investigate this part of the complaint.

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Final decision

11. We will not investigate Ms X’s complaint because Ms X’s injustice is not significant enough to justify our involvement and the Information Commissioner’s office is better placed to consider part of it.

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Investigator's decision on behalf of the Ombudsman