The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s children’s services. The Information Commissioner’s Office is better placed to consider a complaint about data protection. We could not achieve anything more or what Mr X wants.
The complaint
Mr X complains the Council has broken data protection laws by sharing his confidential information with others without his consent. He also says the Council made a false allegation about him and then denied doing so. He says the Council’s complaints procedure is difficult and obstructive. He wants the Council to restructure its children’s services and dismiss all social workers that have breached the rules.
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: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or 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’s Office (ICO) 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) We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. In its complaint response to Mr X, the Council explained that it shared information with his ex-partner for safeguarding reasons. If further explained how it had reached its decision that it needed to share the information. Data protection law allows for the sharing of information where the purpose is to safeguard or promote the welfare of a child. However, if Mr X believes the Council has broken data protection law, it is reasonable for him to complain to the ICO about this. The ICO is the UK’s independent regulator for data protection and information rights and is better placed to consider this complaint.
Mr X states a social worker made a false allegation about him. The Council response states the social worker denies this. We will not investigate this. Given this is one person’s word against another, it is unlikely an investigation would be able to reach a finding on this or achieve a different outcome.
We will also not investigate his complaint about the Council’s complaints procedure. It is not a good use of our resources to investigate complaints about complaints procedures where we are not investigating the substantive issue.
We could also not require the Council to restructure its services or dismiss social workers and so could not achieve what Mr X wants.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to consider a complaint about data protection. It is unlikely we could achieve anything more or what Mr X wants.
Investigator's decision on behalf of the Ombudsman