South Tyneside Metropolitan Borough Council (25 007 109)
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council social worker told a family member that he had provided information to the Council about the family member’s personal circumstances without their consent. This is because the Council has already apologised to Mr X and arranged training for the staff member involved. We consider this to be a sufficient remedy to this complaint.
The complaint
- Mr X complains that a Council social worker told a family member that Mr X had given the social worker details about the family member’s living conditions.
- Mr X says the social worker did not have his consent to make the disclosure. He also says that this damaged his relationship with his family.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take (Local Government Act 1974, section 24A(7), as amended).
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains the social worker told a family member that he disclosed information to them about their living conditions. Mr X says the social worker did not have his permission to make this disclosure. He says that this has damaged his relationship with his family.
- The Council accepts the social worker should have spoken to Mr X before making the disclosure to his family member.
- The Council says it has arranged training for the social worker involved. It will also remind staff members the importance of advising people who share information on a confidential basis that there may be times when it may have to be disclosed.
- We are satisfied with the actions the Council has taken, and we will therefore not start an investigation.
Final decision
- We will not investigate Mr X’s complaint because the Council has accepted fault, and we are satisfied with the actions they have taken.
Investigator's decision on behalf of the Ombudsman