Summary: We will not investigate this complaint about data protection this is because the Information Commission is better place to consider complaints about data protection.

The complaint

1. Miss X complains the Council shared data about her with a third party without her consent after she made a complaint.
2. She says this has left her feeling threatened.
3. She would like the Ombudsman to investigate to determine if the Council is at fault.

Back to top

The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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))

6. We normally expect someone to refer the matter to the Information Commission 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)

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. Miss X’s complaint is solely about the disclosure of personal information. Therefore, I consider the Information Commission is best placed to consider it.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because the Information Commission is better placed to consider complaints about data protection.

Back to top

Investigator's decision on behalf of the Ombudsman