Summary: We will not investigate this complaint about how the Council has processed and handled Mr X’s personal data. This is because it is more appropriate for the Information Commissioner’s Office to consider the complaint.

The complaint

1. Mr X complains about how the Council has processed and handled his personal data. He is unhappy the Council shared his personal data with his advocate and that members of the Council’s contact team have been able to access his social care records.

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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 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. (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 Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X is unhappy that various individuals in the Council have been able to access his social care records and that the Council has disclosed his personal information when it should not have. Therefore, Mr X’s complaints are purely about how the Council has processed and handled his personal data.
7. The Information Commissioner’s Office (ICO) is the independent authority set up to uphold information rights. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error.
8. Therefore, I will not investigate this complaint as the ICO is the appropriate body to consider Mr X’s complaints about data processing and handling.

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Final decision

9. We will not investigate Mr X’s complaint because there is another body better placed to consider the complaints.

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Investigator's decision on behalf of the Ombudsman