Summary: We will not investigate Mrs X’s complaint about data matters because they are best considered and decided by the Information Commissioner’s Office. We will not investigate Mrs X’s complaint about the Council’s use of its Unacceptable Behaviour Policy. This is because this has not yet been considered via the Council’s complaints procedure.

The complaint

1. Mrs X complains about the Council’s actions and decisions in its handling of data matters. She also complains about the Council’s use of its Unacceptable Behaviour Policy.

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The Ombudsman’s role and powers

2. 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 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))
3. We normally expect someone to refer the matter to the Information Commissioner (ICO) 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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

7. Mrs X complains about the Council’s handling of data matters and about its decision to act under its Unacceptable Behaviour Policy. The Council has signposted Mrs X to ICO on the data matters.
8. We will not investigate Mrs X’s complaints about data matters. This is because these are best considered and decided by the ICO which is the body set up to consider such matters. I can see from the information Mrs X provided that ICO has already decided some of her complaints and she has submitted further complaints to ICO which it is yet to decide. We will not also consider them.
9. Mrs X also raises some matters which we considered under her previous complaint to this office in late 2025 which we will not consider again. We do not consider complaints about the same matters more than once.
10. We will not investigate Mrs X’s complaint about the Council acting under its Unacceptable Behaviour Policy. This is because the Council has not yet considered the matter via its full complaints procedure. The Council needs the opportunity to consider and respond to this matter before we will consider it.

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Final decision

11. We will not investigate Mrs X’s complaint. This is because the data matters are matters for the ICO to consider and decide; the complaint about the Council’s use of the Unreasonable Behaviour Policy has not yet completed the Council’s complaints procedure and some matters we have previously considered in Mrs X’s recent complaint to this office.

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Investigator's decision on behalf of the Ombudsman