Summary: We will not investigate this complaint about a social worker disclosing information provided by Mr X to another person. This is a matter of an alleged data breach. The Information Commissioner would be better placed than us to consider it as they have powers to determine if there was a breach, and to impose penalties. We lack similar powers. It would also be reasonable for Mr X to go to court to seek damages in the event that any breach may have affected his commercial interests.

The complaint

1. Mr X says a social worker disclosed information contained in a safeguarding referral he made to another person. He says this had serious consequences for him, including financially.

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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))
3. 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)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code. I have only considered the effect of the matters alleged on Mr X as there is no consent to consider any others who may have been affected.

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My assessment

9. Mr X’s complaint is that a Council officer told another person what Mr X had told them in confidence, and that the results were serious. That is a complaint about the processing of data. We cannot determine if there was a data breach by the Council, or if it was lawfully entitled to share it. Only the Information Commissioner could do that. The Commissioner also has powers we lack to impose penalties on the Council if it finds a data breach occurred. Should it do that, Mr X would have a right to go to court it would be reasonable to use to seek his legal and any other costs consequent from any breach.

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Final decision

10. We will not investigate Mr X’s complaint because the Information Commissioner is better placed than us to consider these matters.
11. Mr X would also have a right to go to court to seek costs it would be reasonable to use should the Information Commissioner determine a data breach occurred.

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Investigator's decision on behalf of the Ombudsman