Summary: We will not investigate Mr X and Mrs Y’s complaint about how the Council processed personal information relating to their family, or about the Council’s response to their subject access request. This is because the Information Commissioner’s Office is better placed to consider the complaint.

The complaint

1. Mr X and Mrs Y complained the Council processed their and their unborn child’s data improperly. They also complained about the Council’s response to their subject access request.
2. Mr X and Mrs Y said the matter caused them distress.
3. Mr X and Mrs Y want the Council to apologise, identify whether their information was shared with other agencies, and remove any unnecessary information about their family from its systems.

Back to top

The Ombudsman’s role and powers

4. 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))
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection, data processing or . However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr X and Mrs Y complained the Council processed their personal information and stored data about their family on its systems, including information relating to their unborn child.
9. They also complained about the Council’s response to their subject access request, and said the Council attempted to withhold information from them.

Analysis

10. We will not investigate this complaint. The main issues Mr X and Mrs Y complained about relate to data processing, data protection, and freedom of information. The Information Commissioner's Office (ICO) is the UK's independent data regulator and is better suited to consider these issues. I have seen no good reasons the Ombudsman should investigate the complaint in place of the ICO, and so we will not investigate this complaint.

Back to top

Final decision

11. We will not investigate Mr X and Mrs Y’s complaint because the Information Commissioner’s Office is better placed to consider the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman