The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council released confidential data during a meeting. This is because this is best dealt with by the Information Commissioner's Office.
The complaint
Mr X complains about the release of confidential data about children during a meeting. Mr X would like an apology and financial compensation.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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))
How I considered this complaint
I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner's Office (ICO) is the UK's independent authority on data protection matters and is best placed to determine if the Council has responded correctly to the concerns raised by Mr X. As such, we will not investigate.
While the ICO does not award compensation, this still does not mean the Ombudsman should intervene, given the substantive issues concern data protection.
Final decision
We will not investigate Mr X’s complaint because it is best dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman