Summary: We will not investigate this complaint about Council’s handling of Ms X’s personal data. This is because this is a matter best dealt with by the Information Commissioner’s Office.

The complaint

1. Ms X complained the Council shared her personal data without her consent.

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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. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

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

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My assessment

6. Ms X complained to the Council after it shared personal details with her previous address without her consent.
7. The Council acknowledged the breach and offered Ms X an apology with a financial award.
8. Ms X remains unhappy with the Council’s actions and wants us to find the Council at fault. The Ombudsman will not investigate complaints where there is another body best placed to deal with the matters complained about. The Information Commissioner’s Office (ICO) was set up to investigate matters relating to personal data. It would be reasonable for Ms X to refer this matter to the ICO.

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Final decision

9. We will not investigate Ms X’s complaint because this is a matter best dealt with by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman