Summary: We will not investigate this complaint about the Council sharing confidential information with a third party or the complainant’s concerns about a penalty charge notice. This is because the complainant has not suffered significant personal injustice and parts of the complaint are best dealt with by the Information Commissioner’s Office.

The complaint

1. Ms X has complained the Council issued a penalty charge notice (PCN) and says the correct processes were not followed leading to additional charges. Ms X has also complained the Council disclosed her personal information to a third party.

Back to top

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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X has complained about a PCN issued by the Council. She says the matter was mishandled leading to unfair escalation and additional charges. However, Ms X is not the registered keeper of the vehicle and the PCN was not issued to her. Therefore, I do not consider Ms X has suffered any significant personal injustice because of any alleged fault by the Council.
6. Ms X has also complained the Council shared her personal information with a third party without permission. However, we will not investigate Ms X’s complaint about this matter as she can complain to the Information Commissioner’s Office (ICO) if she is concerned about how the Council handles her personal data. The ICO is the independent body set up to uphold information rights and is best placed to deal with Ms X’s concerns.

Back to top

Final decision

7. We will not investigate Ms X’s complaint because some of the issues complained about are best dealt with by the ICO. Ms X has not suffered significant injustice in relation to the remaining issues complained about.

Back to top

Investigator's decision on behalf of the Ombudsman