Middlesbrough Borough Council (20 009 760)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 10 Feb 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about data sharing. The Information Commissioner’s Office is better placed.
The complaint
- The complainant, whom I shall call Mr X, says the Council disclosed information about him to a third party without his consent. He says this has caused him abuse and stress.
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 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)
- 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)
How I considered this complaint
- I considered the information Mr X provided with his complaint which included the Council’s reply to him. I considered Mr X’s comments on a draft version of this decision.
What I found
- Mr X says the Council’s children services team shared his details and address with his partner’s former partner. He says since then people have told him to watch out, his home has been broken into and vandalised, and he has been caused embarrassment and stress. He complained to the Council.
- The Council in reply said his partner had disclosed his details to her ex partner during a Child Protection Conference.
- Parliament set up the Information Commissioner’s Office (ICO) to decide data protection disputes. Sharing information without consent can be a data protection breach. The ICO is better placed to consider Mr X’s complaint particularly because the Council disputes it was at fault and the case involves child protection for which there are complex exemptions.
Final decision
- We will not investigate this complaint. This is because the ICO is better placed.
Investigator's decision on behalf of the Ombudsman