Summary: We will not investigate this complaint about the Council’s handling of a data breach. This is because the Information Commissioner’s Office is better placed to deal with this complaint.

The complaint

1. Miss X complains about the Council’s handling of a data breach. She says the breach has caused her distress and she is not satisfied with the Council’s response to her concerns.

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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 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)
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council, and the Ombudsman’s Assessment Code.

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My assessment

5. Miss X reported an alleged data breach to the Council in October 2025. Miss X was not satisfied with the Council’s handling of the report and subsequently complained to the Council.
6. Miss X should raise her complaint about this matter to the Information Commissioner’s Office. It has specific powers to investigate data breaches, and if it upholds Miss X’s complaint she can apply to the county court to seek a further remedy for any harm caused.

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Final decision

7. We will not investigate Miss X’s complaint because Information Commissioner’s Office is better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman