Royal Borough of Kingston upon Thames (25 022 597)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 09 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s personal data. The Information Commissioner is better placed to consider the matter.
The complaint
- Mr X complains that the Council holds incorrect personal data on file.
- Mr X said he was distressed following the Council and Councillors application of incorrect personal data.
- Mr X wanted the Council to have dealt with his complaint using a corporate complaints process.
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 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, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council’s reply to Mr X’s complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained about the Council’s handling of his personal data. The Council told Mr X their corporate complaints policy did not cover data protection matters.
- The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects privacy of individuals. It deals with complaints about public authorities’ failures to obey information rights legislation.
- We will not investigate this complaint. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. The ICO is in a better position than the Ombudsman to consider such complaints. It is reasonable to expect Mr X to approach the ICO
Final decision
- We will not investigate Mr X’s complaint because the Information Commissioner is better placed to consider and decide the matter.
Investigator's decision on behalf of the Ombudsman