Summary: We will not investigate this complaint about data protection breaches. This is because the complaint is about matters best considered by the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall call Mr X, complains an officer has committed data protection breaches by sharing his email address and contacting his son’s GP without his permission.
2. Mr X complains on behalf of his adult son as he is unable to make the complaint himself.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We do not start an investigation if we decide there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6))
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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Final decision

8. We will not investigate Mr X’s complaint because it is about data protection issues which are best considered by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman