Summary: We will not investigate this complaint about the Council wrongly sharing data about Ms B with other agencies. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Information Commissioner’s Office (ICO) considers concerns about breaches of data, and it would be reasonable for Ms B to ask the ICO to consider her concerns.

The complaint

1. Ms B complained the Council made a wrong diagnosis of her capacity and then shared information with other agencies against her wishes. Ms B wants the information about her withdrawn, staff to be trained in data protection and the principles of the Mental Capacity Act (MCA). Ms B says she has been traumatised by the Council’s actions and wants the Council to fund the cost of her counselling, parking and petrol costs, lost income and administrative costs.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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Assessment

5. We cannot say the Council should not have shared concerns about Ms B with other agencies. If Ms B is concerned about breaches of data it would be reasonable for her to ask the ICO to consider them. Information about the ICO can be found on the website below.

Make a complaint | ICO

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Final decision

6. We will not investigate Ms B’s complaint because it would be reasonable for her to ask the Information Commissioner’s Office to investigate her concerns about breaches of data.

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Investigator's decision on behalf of the Ombudsman