Summary: We will not investigate Mr X’s complaint about a breach of data protection. It is reasonable to expect Mr X to raise his concerns with the Information Commissioner’s Office and pursue financial compensation from the court.

The complaint

1. Mr X complained the Council failed to work in line with the Data Protection Act. He says it wrongly shared his identity after he raised a safeguarding concern.
2. Mr X said this has caused emotional distress and fear for his safety. He wanted the Council to:
• acknowledge its alleged failures;
• apologise;
• provide financial compensation; and
• review its policies and procedures.

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The Ombudsman’s role and powers

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)
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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. 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.
8. The Information Commissioners Office (ICO) holds more powers than the Ombudsman to address complaints about data protection. In this case there is no good reason for us to investigate the matter instead. In the absence of a wider complaint we could consider, the ICO is the best placed body to consider the issue.
9. Mr X is seeking financial compensation as part of the remedy to his complaint. The ICO cannot achieve this. However, an individual may go to court to claim compensation for damage and distress caused by a Council if they have breached the Data Protection Act. It is open to Mr X to pursue this remedy via the court, so this is not in itself a good reason for us to investigate this complaint.

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Final decision

10. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is the body best placed to consider the matter, and it is open to him to pursue financial compensation via the court.

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Investigator's decision on behalf of the Ombudsman