Summary: We will not investigate Ms X’s complaint that the Council leaked sensitive personal information and failed to properly investigate what went wrong. The Information Commissioner’s Office is better placed to deal with this complaint.

The complaint

1. Ms X complained the Council leaked sensitive personal information and failed to properly investigate what went wrong.
2. She says this has caused her distress and affected her work. She wants an apology and to be paid for any legal support she may need to prevent the allegedly leaked information being published.

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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))

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How I considered this complaint

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

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My assessment

6. Ms X’s complaint relates to the alleged leak by the Council of sensitive personal information. The Information Commissioner’s Office is better able to investigate this type of complaint. Therefore, we will not investigate.
7. An individual may go to court to claim compensation for damage or distress caused by any organisation if there has been a data protection breach. We would not make a recommendation for the repayment of future legal costs relating to this legal action. It is too speculative. And in any case, if Ms X decided to pursue legal action, she could ask the court to consider any costs expended.
8. Ms X is unhappy about the Council’s investigation into what happened. However, it is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue. This is because it is unlikely any injustice stemming from how the Council handed a complaint would be significant enough to justify an investigation.

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Final decision

9. We will not investigate Ms X’s complaint. The Information Commissioner’s Office is better placed to deal with the issues raised.

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Investigator's decision on behalf of the Ombudsman