The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged breach of the complainant’s confidentiality. This is because another body is better placed to do so.
The complaint
The complainant, who I will refer to as Ms B, complains that the Council has breached her confidentiality and has failed to respond to her subsequent complaint.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms B says she was concerned about the welfare of a third party and their children, so made a confidential referral to the Council. She complains that the Council identified her as the source of the referral. This has had a detrimental impact on Ms B’s relationship with the third party, causing her distress and potential financial loss. She made a complaint to the Council and says she has received no response.
We will not investigate Ms B’s complaint because it concerns an alleged data protection breach. The Information Commissioner is better placed than the Ombudsman to consider such matters. It is open to Ms B to take the matter to the Information Commissioner and it would be reasonable for her to do so. That being the case, there is no role for the Ombudsman.
Final decision
We will not investigate Ms B’s complaint because another body is better placed to do so.
Investigator's decision on behalf of the Ombudsman