Summary: We will not investigate this complaint about Mr X’s care provider sharing information with the Council without his consent. The Information Commissioner’s Office (ICO) would be the best organisation to deal with this.

The complaint

1. Mr X complained his care company shared information about him with his social worker without his consent.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
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)

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How I considered this complaint

4. I considered information provided by the complainant and the Care Provider.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s complaint is about his care provider sharing confidential information with his social worker. Because this is about a potential data breach, the ICO would be a better organisation to handle this complaint.

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Final decision

7. We will not investigate Mr X’s complaint because there is a different organisation better placed to handle the matter.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman