Summary: We will not investigate this complaint about the Council breaching Miss X’s data. The Information Commissioner’s Office is best placed to consider the issue, and the courts are best placed to consider claims for compensation.

The complaint

1. Miss X complained about the Council breaching her data. She said because of this her children have been assaulted and she no longer feels safe. Miss X wants the Council to cover the costs for her to move address, provide compensation and for wants the Council to learn from its error.

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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’s Office (ICO) 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.)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained to the Council about a breach of her personal data. The Council accepted there had been a personal data breach and said it had reported the matter to the ICO.
8. We will not investigate this complaint. We would normally expect someone complaining about a data protection breach to take the matter to the ICO, which is the body best placed to consider and decide such complaints. There is not a reason in this case for us to investigate the matter instead.
9. Miss X also requests compensation from the Council. The ICO cannot award compensation. While we can recommend financial remedies when appropriate, we cannot award significant sums in compensation in the way the courts can. We could not achieve a payment of the amount Miss X seeks. Given this, the courts are best placed to consider Miss X’s claim for compensation.

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Final decision

10. We will not investigate Miss X’s complaint because the Information Commissioner’s Office is best placed to consider the issue and the courts are best placed to consider compensation claims.

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Investigator's decision on behalf of the Ombudsman