West Northamptonshire Council (24 007 822)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 29 Aug 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an alleged data breach as this is best dealt with by the Information Commissioner’s Office.
The complaint
- Miss X complained the Council sent information containing her personal details to her old address. Miss X is concerned this information might be used fraudulently and says this worry has impacted her mental health and well-being. Miss X wants a reassurance from the Council that this will not happen again and compensation for the distress she says she has suffered.
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)
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Information Commissioner’s Officer (ICO) is the UK’s independent regulator in respect of data protection matters and is best placed to decide if the Council was at fault in this regard and whether its processes need to change to prevent a future recurrence.
- We cannot award compensation for damages as this is something that can only be decided in court. Anyone suffering damage arising from a data protection breach can make a compensation claim in court. It is reasonable to expect Miss X to take such action for the compensation she seeks.
- For these reasons, we will not investigate the complaint.
Final decision
- We will not investigate Miss X’s complaint because it is best dealt with by the ICO, and compensation claims are for the courts.
Investigator's decision on behalf of the Ombudsman