The Ombudsman's final decision
Summary: We will not investigate this complaint about the Care Provider breaching data protection. This is because breaches of data are normally for the Information Commissioner’s Office to consider, and Mr B has reported these breaches to the ICO.
The complaint
Mr B complains his mother’s, Mrs C’s, previous Care Provider breached data protection legislation on two separate occasions resulting in him referring them to the Information Commissioner’s Office (ICO). In addition, Mr B says he had to inform a GP of libellous comments made by the Manager which resulted in a safeguarding alert being raised.
The Ombudsman’s role and powers
We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C) We normally expect someone to refer the matter to the Information Commissioner 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 Care Provider.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B has informed the ICO of the alleged breaches of data and it will decide whether to pursue further. We cannot consider complaints about NHS and medical professionals or in this case, breaches of data against them. The ICO can deal with this alleged breach of data if the GP decides to pursue it.
Final decision
We will not investigate Mr B’s complaint because the ICO is best placed to consider complaints about breaches of data.
Investigator's decision on behalf of the Ombudsman