Summary: We will not investigate this complaint about how the Council handled X’s personal data. This is because the Information Commissioner is better placed to consider their complaint.

The complaint

1. X complained the Council was wrong to have shared their health data between different service areas. X also said the Council took too long to properly respond to a complaint about this. X said the Council’s failure here has caused them significant distress.

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The Ombudsman’s role and powers

2. 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))
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)

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How I considered this complaint

4. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

5. In early 2026, X complained about the Council’s actions in relation to their health data. They said it should not have shared their information between service areas. X was also unhappy the Council did not respond to this until over six months later than it should have done.
6. X’s complaint relates to how the Council handles their personal data including sharing data and rectifying data. The Information Commissioner has extensive powers to regulate how a public authority manages personal data and can, if need be, impose conditions on how an authority manages its data and can monitor compliance with its requirements. Given the circumstances of X’s complaint, they are a body better placed to consider X’s complaint and I will not investigate.
7. X was also unhappy with how long it took the Council to consider their complaint about this. I will not investigate this part of X’s complaint. It is not a good use of public resources to consider complaints about complaint handling faults, where we decide not to investigate the main issue.

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Final decision

8. We will not investigate X’s complaint because the Information Commissioner is better suited to investigate complaints about data related matters.

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Investigator's decision on behalf of the Ombudsman