The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the sharing of his personal information without his consent. The Information Commissioner’s Office is better placed to consider his concerns.
The complaint
Mr X complained the Council unlawfully shared his personal data with schools, without his consent. He says this has caused distress and reputational damage. He wants the council to apologise, retract or clarify the disclosures, compensate him for distress caused and provide training for staff.
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 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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner’s Office (ICO) is the UK’s independent regulator for data protection and information rights. It is better placed to deal with Mr X’s concerns and so we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed to consider his concerns.
Investigator's decision on behalf of the Ombudsman