The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about an alleged data breach by the Council. This is because this is a complaint about data matters which are best considered and decided by the Information Commissioner's Office.
The complaint
Miss X complains the Council committed a data breach when it wrongly shared incorrect information about her, from her case file, with third parties without her consent. She also complains about the impact of this on her and her 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 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)) 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
Miss X complained to the Council about the matter set out in paragraph one, above.
The Council investigated. It partially upheld Miss X’s complaint. It said it was necessary for it to share this information with the other parties and explained its reasons for doing so. It said it would provide further training to ensure that only relevant and appropriate information is shared. It signposted Miss X to the Information Commissioner’s Office (ICO) if she remained dissatisfied with its final response and wanted to escalate the matter further.
We will not investigate Miss X’s complaint. This is because it is about data matters which are best considered and decided by the ICO. It is the body set up to consider complaints about data matters such as this. We will not also consider it. The Council has already suitably signposted Miss X to the ICO and it is the body best placed to consider the issues she raises in this complaint.
Final decision
We will not investigate Miss X’s complaint because it is about data matters which are best considered by the ICO rather than this office.
Investigator's decision on behalf of the Ombudsman