The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged breach of data protection. This is because the Information Commissioner is better placed to consider such matters.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council was at fault in sharing confidential information with third parties.
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 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B is a Council foster carer. She complains that the Council was at fault in sharing confidential information about her and her family with third parties, causing her distress and placing her at risk. The Council denies the disclosure was unlawful.
The Ombudsman will not investigate Mrs B’s complaint. Complaints about data protection matters may be brought to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider them. It would be appropriate for Mrs B to use this recourse and we will not intervene.
Final decision
We will not investigate Mrs B’s complaint because she can bring her concerns to the attention of the Information Commissioner and it would be appropriate for her to do so.
Investigator's decision on behalf of the Ombudsman