Summary: We will not investigate Mr X’s complaint about the actions of the Council’s housing service and an alleged data breach. It is unlikely we could add to the Council’s investigation and the Information Commissioner’s Office is better placed to consider a complaint about an alleged data breach.

The complaint

1. Mr X complains about the actions of the Council’s housing service after he approached them for support when he became homelessness. He also says the Council committed a data breach. He wants the Council acknowledge the data breach, compensate him for accommodation costs and nights spent rough sleeping, provide him with housing and take disciplinary action against relevant staff.

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:

• we could not add to any previous investigation by the organisation, or
• 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. In its complaint response, the Council explained its reasons for the delay providing him with emergency accommodation. It said once it has received the required information to enable it to assess his application, it provided him with accommodation. It said it had found no evidence of discrimination in how its housing service had considered his case. It advised Mr X what contacts it had received from agencies supporting him and how it had responded to these.
7. It also stated it had found no evidence it had breached data protection regulations or inappropriately disclosed his personal data.
8. We will not investigate this complaint. The Council has explained the reasons for the delay providing accommodation, contacts it received from agencies supporting Mr X and how it responded to these. It is unlikely we could add to the Council’s investigation.
9. The Council has investigated his concerns about a data breach but found no evidence that a data breach occurred. If Mr X is dissatisfied with this response, he can complaint to the Information Commissioner’s Office (ICO). The ICO is the UK’s independent regulator for data protection and information rights and is better placed to consider a complaint about this.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because it is unlikely we can add to the investigation completed by the Council and the ICO is better placed to consider a complaint about an alleged data breach.

Back to top

Investigator's decision on behalf of the Ombudsman