The Ombudsman's final decision
Summary: We will not investigate this complaint about a data breach. Any potential injustice is speculative, and the Information Commissioner’s Office is better placed than us to consider the matter as it has power to impose penalties that we lack.
The complaint
Mrs X said the Council disclosed her surname, address and email to the parent of a foster child without her consent. She said she is worried about potential identity theft and that she could be targeted.
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 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 continue an investigation if we decide: any injustice is not significant enough to justify our involvement, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The correspondence between Mrs X and the Council showed the Council apologised for a data breach that happened more than six months ago. It is understandable that Mrs X is concerned about the potential implications, but any injustice is currently largely speculative, particularly as the Council indicated the child’s parent did not dispute the placement.
It is not clear if the Council reported the breach to the Information Commissioner’s Office (ICO). However, Mrs X has the right to do so. The ICO has powers to impose penalties for data breaches that we lack.
Final decision
We will not investigate Mrs X’s complaint because: Another body is better placed to consider this matter; and There is not enough injustice to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman