Summary: We will not investigate this complaint that the Council shared Mr X’s personal information. This is because the Information Commissioner Office would be best placed to consider it.

The complaint

1. Mr X complained the Council shared his personal information when it made safeguarding enquiries regarding a friend. He said he is depressed and the Council’s actions have had a negative effect.

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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’s Office (ICO) 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.)

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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. We will not investigate this complaint. In its response to Mr X the Council said it followed its safeguarding procedures correctly.
7. If Mr X the believes it applied data protection legislation incorrectly, that would be matter for the ICO.

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Final decision

8. We will not investigate Mr X’s complaint because the Information Commissioner Office would be best placed to consider it.

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Investigator's decision on behalf of the Ombudsman