Summary: Mr X says the Council has breached his confidentiality and failed to record his complaint details properly. 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. In short, Mr X says the Council failed to record his complaint details properly and that his personal data may have been breached. He complains the Council sent him a response with the address on of a person he had complained about.
2. Mr X is concerned about risk to a member of his family.

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The Ombudsman’s role and powers

3. 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)
4. 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

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

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My assessment

6. 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.

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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