The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council unlawfully shared X’s personal information causing a safeguarding concern. The Information Commissioner’s Office is better placed to deal with complaints about data protection and there is no evidence of fault with the Council’s response to X’s safeguarding concerns.
The complaint
X complains that the Council unlawfully shared their personal information causing a safeguarding concern.
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 not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner’s Office (ICO) enforces data protection legislation. The ICO can investigate complaints about data protection.
We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect X to complain to them about a potential data breach.
We will not investigate the Council’s handling of the matter from a safeguarding perspective because there is insufficient evidence of fault. The Council considered relevant facts and fully justified its decision to take no further action. In the absence of fault, we cannot question the Council’s decision to take no further action.
Final decision
We will not investigate X’s complaint because the ICO are better placed to deal with complaints about data protection and because there is no fault with how the Council dealt with the matter as a safeguarding concern.
Investigator's decision on behalf of the Ombudsman