Southend-on-Sea City Council (26 003 128)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 01 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council breaching Miss X’s data. This is because the Information Commissioner’s Office is best placed to consider the issue.
The complaint
- Miss X complains the Council has breached her data by sharing sensitive information with a third party. She says this has caused her significant distress and ongoing safety concerns. Miss X wants the Council to recognise the breach and look at its internal processes.
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’s Office (ICO) 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In its complaint response, the Council said it did not consider the disclosure of Miss X’s email address was a data breach. It said that, as a foster carer, Miss X’s contact details may be shared when arranging meetings. It also said some of her contact information was already publicly available through social media and self-employment websites.
- We will not investigate this complaint. We would normally expect someone complaining about a data protection breach to take the matter to the ICO, which is the body best placed to consider and decide such complaints. There is not a reason in this case for us to investigate the matter instead.
Final decision
- We will not investigate Miss X’s complaint because the Information Commissioner’s Office is best placed to consider the issue.
Investigator's decision on behalf of the Ombudsman