Summary: We will not investigate Mrs X’s complaint about the Care Provider breaching her confidentiality. This is because it would be reasonable for Mrs X to refer her complaint to the Information Commissioner’s Office.

The complaint

1. Mrs X complained the Care Provider shared her concerns with a relative despite her asking the Care Provider not to. She said the matter caused her distress and frustration. Mrs X said although the Care Provider issued her an apology, she does not think it was sufficient for the injustice caused. She wants the Care Provider to provide her with a financial remedy and for it to make service improvements to prevent a recurrence of fault.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Mrs X’s complaint because there is another body better placed to consider her concerns. The Information Commissioner’s Office (ICO) has specialist expertise in complaints concerning the handling and disclosure of personal data and confidentiality. It would therefore be reasonable for Mrs X to refer her concerns to the ICO.

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Final decision

6. We will not investigate Mrs X’s complaint because there is another body better placed to consider her concerns.

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Investigator's decision on behalf of the Ombudsman