West Sussex County Council (25 030 192)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 29 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint how the Council handled Miss X’s personal information. This is because the Information Commissioner’s Office is the appropriate body to consider complaints about data protection.
The complaint
- Miss X complained that the Council mishandled her personal information and did not properly inform her how it might use that information.
- Miss X says the Council’s actions caused her avoidable distress. She asks the Council to acknowledge the impact on her and pay compensation.
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))
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complains the Council did not explain how it might use her personal information and did not respond satisfactorily to her complaint.
- We will not investigate Miss X’s complaint because it is reasonable to expect her to refer the matter to the Information Commissioner’s Office (ICO). The ICO regulates information rights and data protection in the UK and is best placed to consider this complaint about how the Council applied data protection law.
Final decision
- We will not investigate Miss X’s complaint because the Information Commissioner’s Office is the appropriate body to consider complaints about data protection.
Investigator's decision on behalf of the Ombudsman