The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about data matters. This is because this complaint is best considered by the Information Commissioner’s Office.
The complaint
The complainant, whom I shall call Mr X, complains the Council committed a data breach when it shared his personal information with a third party. Also, that it included his personal information in an assessment report relating to his partner’s children.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council that it committed a data breach when it shared his personal information with a third party who has further shared the information with others. Mr X also complains the Council included his personal information in a social worker’s assessment report for his partner’s children.
The Council says it is satisfied the information sharing was necessary, proportionate and justified as part of its safeguarding duties. It signposted Mr X to both this office and the Information Commissioner’s Office should he remain dissatisfied with its response.
We will not investigate Mr X’s complaint. This is because the complaint is about data matters which are best considered by the Information Commissioner’s Office, which is the body set up to consider complaints about data matters.
Final decision
We will not investigate Mr X’s complaint because it is about data issues which are best considered by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman