Summary: We will not investigate this complaint about a breach of personal data. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Information Commissioner is best placed to consider.

The complaint

1. Mr and Mrs X complain about a breach of their relative’s personal data.

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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 effect 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 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 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(

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How I considered this complaint

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

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Final decision

6. We will not investigate as Mr and Mrs X’s complaint is better addressed by the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman