Summary: The Ombudsman will not investigate Mrs X’s complaint about the care home’s handling of her personal data. This is because the Information Commissioner’s Office is the appropriate body to consider her concerns.

The complaint

1. Mrs X is concerned about how the care provider has handled her personal information.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. 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, sections 34B(8) and (9))

3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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 Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. Mrs X’s brother is a resident of the care home. Mrs X received an anonymous letter about her brother’s care. Mrs X is concerned about how the person who wrote the letter managed to obtain her personal details.
6. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes failing to safeguard personal information. The ICO has wide powers to take action against data controllers.
7. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. It is the body set up by parliament to consider such matters. Mrs X should therefore approach the ICO about her concerns. It is the appropriate body to consider her complaint.

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Final decision

8. The Ombudsman will not investigate Mrs X’s complaint. This is because the Information Commissioner’s Office is the appropriate body to consider her concerns.

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Investigator's decision on behalf of the Ombudsman