Summary: We will not investigate this complaint about a data breach by the Council and the compensation it has offered. This is because the Information Commissioner’s Office is better placed to consider it, and the complainant may go to court if they seek financial compensation.

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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X stated she told the Council when she left her previous address. She complains that it subsequently wrote to her at the old address, thereby sharing her confidential data. She says this has placed her at risk.
8. The Council apologised and offered to clear her Council Tax debt. Mrs X did not feel this was enough and wanted financial compensation.
9. As the complaint is about a data breach, it is reasonable for Mrs X to take her complaint to the Information Commissioner’s Officer as it is better placed than the Ombudsman to consider it.
10. If Mrs X wishes to pursue the matter of claiming compensation for damage or distress caused to her, it would be reasonable for her to do so in court.

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Final decision

11. We will not investigate this complaint about a data breach because it is a matter that can be referred to the Information Commissioner’s Office and the courts.

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Investigator's decision on behalf of the Ombudsman