London Borough of Camden (23 005 059)
Category : Benefits and tax > Local welfare payments
Decision : Closed after initial enquiries
Decision date : 31 Jul 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about letters sent to Miss X by the Council. This is because the complaint concerns the Council’s handling of Miss X’s personal data and this is a matter best dealt with by the Information Commissioner’s Office.
The complaint
- Miss X complained the Council sent her several letters with the words “discretionary housing payments” visible in the letter address window.
- She said she was caused distress and upset by the Council’s actions.
The Ombudsman’s role and powers
- 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 Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council after she received several letters where the words, “discretionary housing payments,” were visible in the letter address window. She told the Council its actions had breached her privacy and she asked it to provide compensation for the distress caused by this.
- The Council’s data protection team responded to her complaint stating that the Council had handled her data in line with the law. The Council did not uphold her complaint.
- As this complaint pertains to the potential disclosure of personal data, it is a matter best referred to the Information Commissioner’s Office (ICO), which was set up to investigate complaints about handling of personal data. It is open to Miss X to refer her complaint to the ICO if she remains unhappy about this situation.
Final decision
- We will not investigate Miss X’s complaint because the complaint concerns the Council’s handling of Miss X’s personal data and this is a matter best dealt with by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman