The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about a data breach. This is because the Information Commissioner is better placed to deal with the matter.
The complaint
Mrs X complains that a Council social worker committed a data breach by sharing her personal information without her consent.
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)) 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
I will not investigate Mrs X’s complaint. The Ombudsman will not usually exercise discretion to investigate a complaint if there is a body better placed to consider the issues raised. The Information Commissioner’s Office (ICO) was set up to investigate complaints regarding data protection matters, including data breaches. It is reasonable for Mrs X to refer her complaint to the ICO.
Final decision
We will not investigate Mrs X’s complaint because the ICO is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman