Summary: Ms X says the Council breached her confidentiality by informing a third party on several occasions that she had complained about a licensing matter. We will not investigate. This is because this complaint does not meet the tests set out in our Assessment Code on which complaints we should investigate. It is reasonable for Ms X to complain to the Information Commissioner’s Office as it is better placed.

The complaint

1. Mrs X complains about the Council breaching her confidential data on several occasions to a third party in relation to her licensing complaint. She also says the Council has failed to respond to her complaint.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

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

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My assessment

5. We will not investigate this complaint. This is because it is reasonable for Mrs X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices.
6. The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require Councils to comply with data protection laws. So, it can consider whether the Council has responded in line with its data protection duties towards Ms X.
7. This applies even if the ICO will not consider other aspects of the complaint such as the Council’s failure to respond to her complaint. We would not look at the complaint handling if we are not looking at the substantive issue at the heart of the complaint.

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Final decision

8. I will not investigate this complaint as the Information Commissioner is better placed.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman