The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged data breach. This is because the Information Commissioner’s Office is best placed to consider it.
The complaint
Mrs X complained the Council committed a data breach that risked her family’s safety. She said information given to her housing provider was used in a child protection plan. She said it was obvious the information came from her.
She said it caused her psychological damage and her family stress. She wants the Council to be held accountable for negligence.
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’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.)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X said information she shared with Social Services regarding her neighbour was used in a child protection plan and she was identified.
If Mrs X is unhappy with information shared by the Council and believes it has applied data protection legislation incorrectly, that would be a matter for the ICO.
The Council said it would not respond to Mrs X’s complaint because she said she intended to pursue a legal claim.
It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
We will not investigate Mrs X’s complaint because the Information Commissioner’s Office is best placed to consider it.
Investigator's decision on behalf of the Ombudsman