The Ombudsman's final decision
Summary: We will not investigate this complaint about a data breach during court proceedings. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to consider what happened in court. And also because the Information Commissioner is best placed to consider.
The complaint
Mrs X complains about the Council disclosing personal data about her family without their consent during court proceedings. She says this has affected them financially and emotionally.
Mrs X also says her family has also been subjected to allegations from third parties arising from the breach.
The Ombudsman’s role and powers
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 cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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))
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
We have no remit to consider matters in connection with court proceedings. So we will not investigate.
Further, the Information Commissioner's Office (ICO) is the UK's independent authority on information rights matters. It is best placed to determine if the Council has breached data protection legislation.
Final decision
We will not investigate this complaint as it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to consider matters in connection with court proceedings. And also, because the Information Commissioner is better placed.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman