Summary: The Ombudsman will not investigate Ms B’s complaint that the social worker gave false information to her university tutor. This is because the Information Commissioner is better placed to consider the matter.

The complaint

1. The complainant, who I will refer to as Ms B, complains that a social worker gave false information to her university tutor, jeopardising her place on her course.

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The Ombudsman’s role and powers

2. 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)
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)

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How I considered this complaint

4. I have considered what Ms B has said in support of her complaint and the complaint correspondence provided by the Council. I have also considered Ms B’s response to my draft decision.

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What I found

5. Ms B’s son is in the Council’s care. Ms B says she told her son’s social worker that she had obtained a place on a university course. She says the social worker them contacted her tutor. She complains that the social worker gave her tutor false information which has caused the university to consider whether it is appropriate for her to remain on the course.
6. Ms B argues that she may lose her place at university due to the social worker’s intervention. In response, the Council argues that it only shared information it was appropriate to share.
7. The Ombudsman will not investigate Ms B’s complaint. Essentially, her complaint is that the Council has misused the data it holds on her. This is a matter which the Information Commissioner is better placed than the Ombudsman to consider. Ms B says she has brought concerns to the attention of the Information Commissioner.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because there is another body better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman