Summary: The Ombudsman will not investigate Mrs Q’s complaint about a carer who took photographs of her without her knowledge or consent. The Information Commissioner is better placed to deal with it.

The complaint

1. The complainant, who I have called Mrs Q, complained that a carer from a care agency commissioned by Telford and Wrekin Council took photographs of her without her knowledge or consent. She does not know what was in the photographs and is concerned about what the carer might have done with them.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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)
3. 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)

Back to top

How I considered this complaint

4. I considered the information provided by Mrs Q. I considered the information provided by the Council.

Back to top

What I found

What happened

5. Mrs Q receives a package of care from a care agency commissioned by the Council. One of Mrs Q’s carers took photographs of her and her care log without her knowledge or consent.
6. Mrs Q has not seen the photographs and is concerned about what they may show. Nor does she know whether the carer shared or deleted them. She has contacted the Information Commissioner. The information provided by the Council suggests the carer has now deleted the photographs.

Assessment

7. Mrs Q is understandably concerned that one of her carers took photographs of her without her knowledge or consent. This is a data breach. Mrs Q has already contacted the Information Commissioner. They are better placed to deal with the complaint and to provide a suitable remedy for Mrs Q. So, for this reason, we will not investigate the complaint.

Back to top

Final decision

8. We will not investigate Mrs Q’s complaint. This is because another agency is better placed to deal with it.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman