North Lincolnshire Council (22 009 758)
Category : Children's care services > Adoption
Decision : Closed after initial enquiries
Decision date : 02 Nov 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an alleged data breach and the Council’s response to the complainant’s subsequent representations. This is because the Information Commissioner’s Office is better placed than the Ombudsman to consider the substantive matter.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council was at fault in sharing confidential information and has failed to respond to his questions about the matter.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B says the Council may have inappropriately shared confidential information in the course of an adoption process. He further complains that it has failed to respond to his representations about the matter.
- We will not investigate Mr B's complaint. Essentially, it concerns an alleged breach of data protection regulations. Complaints about such matters can be brought to the attention of the Information Commissioner's Office, which is better placed than the Ombudsman to consider them. The evidence Mr B has provided indicates he has done so, or intends to do so.
- As there is another body which is better placed to consider the substantive matter, it would not be a good use of public resources for us to investigate how the Council has responded to representations about it. There are insufficient grounds for the Ombudsman to intervene.
Final decision
- We will not investigate Mr B’s complaint because another body is better placed to consider the substantive matter.
Investigator's decision on behalf of the Ombudsman