Summary: We will not investigate Mr X’s complaint about a data breach. This is because the Information Commissioner is better placed to deal with the matter.

The complaint

1. Mr X complains about how the Council responded after it committed a data breach and about how it dealt with his complaint about this matter.

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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, section 34(B))
3. 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)

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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. I will not investigate Mr X’s complaint about how the Council dealt with a data breach. This is because the Information Commissioner’s Office (ICO) is better placed to consider these matters.
7. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

8. We will not investigate Mr X’s complaint because the ICO are better placed to consider it.

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Investigator's decision on behalf of the Ombudsman