The Ombudsman's final decision
Summary: We will not investigate this complaint the Council wrongly shared the complainant’s personal information. This is because the Information Commissioner’s Office is best placed to consider such complaints. It is also unlikely an investigation by the Ombudsman could add anything to the Council’s response.
The complaint
The complainant, Miss X, complained the Council wrongly shared her personal information during an Initial Child Protection Conference (ICPC).
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
The Council has responded to Miss X and explained the rationale for its actions. It has also said it would have been sensible to warn Miss X before the ICPC about the information it might need to share.
The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about a council wrongly sharing their information, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. The ICO has much wider powers than the Ombudsman to act if a council has failed in its duties as a data controller. It is also unlikely we could add anything to the Council’s response. Miss X should therefore approach the ICO about her concerns.
Final decision
The Information Commissioner’s Office is best placed to consider this complaint and it is unlikely an investigation by the Ombudsman could add anything to the Council’s response. We will not therefore investigate.
Investigator's decision on behalf of the Ombudsman