Oldham Metropolitan Borough Council (25 018 400)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 08 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s handling of confidential personal information. This is because the Information Commissioner’s Office is better placed to decide this complaint.
The complaint
- Miss X complains about the Council’s handling of confidential personal information relating to her and her family. She says this has caused her distress and anxiety.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- 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 Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says the Council shared confidential personal information which was over ten years old with a third party without her consent. She asked the Council to clarify what information had been shared and to delete older information. Miss X is also unhappy with the Council’s handling of that request.
- We will not investigate Miss X’s complaint. This is because it is reasonable to expect her to take the matter to the Information Commissioner’s Office (ICO). The ICO is the appropriate body to review complaints about data matters, has the expertise to decide such matters, and can make necessary recommendations.
Final decision
- We will not investigate Miss X’s complaint because it is about a data matter best considered and decided by the ICO.
Investigator's decision on behalf of the Ombudsman