Summary: The Ombudsman will not investigate Mr A’s complaint the Council has breached his confidentiality. This is because this is a matter best considered by the Information Commissioner.

The complaint

1. The complainant, who I refer to here as Mr A, complains the Council has breached his confidentiality.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
4. 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

5. I considered the information Mr A provided in his complaint to this office. I sent Mr A a draft of my decision and considered his comments in response.

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What I found

6. Mr A says a Council officer breached his confidentiality when he left a voicemail message on his home telephone accusing him of misusing his direct payment. Mr A’s partner heard the message.
7. Mr A says his confidentiality was breached for a second time when the officer later discussed the matter in detail with Mr A’s partner over the telephone. Mr A had not consented to this information being shared with his partner.
8. The Council has considered Mr A’s complaint. It says the officer has a differing recollection of the voicemail message that was left. It apologised that the officer spoke to Mr A’s partner rather than leaving a further message asking Mr A to contact him. The officer has been spoken to about correct practice.
9. In complaining to the Ombudsman, Mr A seeks a full unreserved apology from the Council; the dismissal of the officers involved; compensation and for the Council to be fined.

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Final decision

10. We will not investigate this complaint. This is because complaints about data protection matters are best considered by the Information Commissioner’s Office.
11. Also, we could not achieve some of the outcomes Mr A seeks as we cannot recommend the dismissal or disciplinary action of Council officers as this lies outside our remit. Nor can we fine councils.

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Investigator's decision on behalf of the Ombudsman