Walsall Metropolitan Borough Council (19 000 870)

Category : Adult care services > Safeguarding

Decision : Closed after initial enquiries

Decision date : 07 Jun 2019

The Ombudsman's final decision:

Summary: We will not investigate this complaint about an alleged data breach. The Information Commissioner’s Office is better placed to consider it.

The complaint

  1. The complainant, who I have called Ms Q, complained that Walsall Metropolitan Borough Council disclosed her personal details and other information to another person.

Back to top

The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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, section 24A(6), as amended)
  2. 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)

Back to top

How I considered this complaint

  1. I considered the information Ms Q provided. I invited Ms Q to comment on a draft of this decision.

Back to top

What I found

  1. The Information Commissioner’s Office may consider complaints about data breaches. It has the power to take enforcement action if it decides there has been a data breach.

Key facts

  1. Ms Q contacted the Council as she was concerned that a vulnerable adult was being abused by family members. Ms Q said Council officers then disclosed her personal details and her concerns to one of the alleged abusers. The alleged abuser then used this information in court proceedings.

Analysis

  1. We will not investigate this complaint.
  2. Ms Q has accused the Council of a data breach. This is something the Information Commissioner’s Office may consider. It is better placed to consider the complaint, as it has the power to take enforcement action if it decides there has been a data breach. So it would be reasonable for Ms Q to take her complaint to the Information Commissioner’s Office.

Back to top

Final decision

  1. We will not investigate Ms Q’s complaint. This is because the Information Commissioner’s Office is better placed to consider it.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings