Summary: We will not investigate Mrs X’s complaint about how the Council responded to her data protection concerns. This is because these issues are best considered by the Information Commissioner.

The complaint

1. Mrs X complains about how the Council responded to her concerns about data security and information sharing. She also complains about complaint handling.

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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 effect 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 the tests set out in our Assessment Code are not met. (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. 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complains about the Council's response to her concerns about lost documents and incorrectly sharing information.
7. I will not investigate this complaint. Complaints about such matters are best considered by the Information Commissioner’s Office (ICO).
8. Mrs X also complains about complaint handling. We will not usually investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), section 34B(8))

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Final decision

9. We will not investigate Mrs X’s complaint because it is reasonable to expect Mrs X to raise her concerns with the ICO.

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Investigator's decision on behalf of the Ombudsman