Suffolk County Council (23 016 757)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 05 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a data protection breach because the Information Commissioner’s Office is better placed to consider the complaint.
The complaint
- Mr X complained the Council disclosed his personal information to a third party.
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
- Mr X says the Council’s children’s social care service disclosed his information to a third party in October 2023. The Council told Mr X it had found no evidence it had disclosed his information.
- We will not investigate Mr X’s complaint because he can take the matter to the Information Commissioner’s Office (ICO). The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and the privacy of individuals. It deals with complaints about public authorities and any failures to comply with data protection legislation. It is therefore better placed than the Ombudsman to consider complaints of this nature.
Final decision
- We will not investigate Mr X’s complaint because the ICO is better placed.
Investigator's decision on behalf of the Ombudsman