London Borough of Camden (26 002 731)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 04 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a data breach. The Information Commissioner is better placed to consider and decide complaints about data protection.
The complaint
- Ms X complained the Council mishandled her personal information by failing to securely store a file and allowing it to come into the possession of a third party who had no right to access it.
- Ms X said this caused distress.
- Ms X wants the Council to recognise the data breach and compensate her.
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 Ms X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Information Commissioner’s Office (ICO) enforces data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
- We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect Ms X to complain to them.
Final decision
- We will not investigate Ms X’s complaint because the ICO is better placed to consider and decide data protection complaints.
Investigator's decision on behalf of the Ombudsman