Summary: Mr X says the Council has breached his personal data by sharing it with a third-party organisation. 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 Mr X to complain to the Information Commissioner’s Office as it is better placed to investigate.

The complaint

1. Mr X complains about a breach of his personal data by the Council to an external organisation. Mr X would like the Council to compensate him by paying hm £20,000 and also provide accommodation.

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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 Mr X to refer the matter to the Information Commissioner’s Office (ICO). The ICO is the regulator for information rights, and it is best placed to consider whether the Council has responded in line with its legal obligations to keep Mr X’s data safe.
6. While the ICO does not provide compensation, that does not mean the Ombudsman should intervene. We do not consider remedies if we are not also looking at the substantive issue. In any case, we have no powers to compel Councils to provide compensation.

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Final decision

7. 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