North Yorkshire Council (25 026 994)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 25 Mar 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint alleging his personal data was breached by the Council. This is because his complaint is better addressed by another body.
The complaint
- Mr X complains about how the Council dealt with a breach of his confidential personal data. Mr X says the Council promised to take follow up action to secure his data but failed to do so.
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 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Mr X’s complaint. This is because he is effectively alleging the Council breached the Data Protection Act. It would therefore be reasonable for him to raise this matter with the Information Commissioner (ICO) which is the regulator for monitoring and enforcing information rights legislation. This body is best placed to consider if the Council unlawfully breached Mr X’s personal data.
- Mr X also complains the Council failed to take previously agreed action to safeguard his data. We will not investigate. This part of the complaint is irrevocably intertwined with the substantive issue concerning an alleged breach of data. It would not be proportionate to look at this issue on its own given the substantive issue is better placed to consider.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to refer the matter to the Information Commissioner which is better placed to consider.
Investigator's decision on behalf of the Ombudsman