Summary: We will not investigate this complaint about an alleged data breach, which the Council denies. Ms X has a right to approach the Information Commissioner’s Office which it would be reasonable to use.

The complaint

1. Ms X said the Council breached her son’s data rights by sending sensitive personal information about him to a person who was not his parent.

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The Ombudsman’s role and powers

The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

2. I considered information provided by the complainant and the Council.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Although we have discretion to consider the effect of an acknowledged data breach on a complainant, that is not the case here because the Council denies there was any breach. Ms X has a right to approach the Information Commissioners’ Office (ICO) it would be reasonable to use.

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Final decision

5. We will not investigate Ms X’s complaint because she has a right to approach the ICO it would be reasonable to use. The ICO is better placed to consider if there was a breach. Should the ICO find there was a breach, Ms X would be welcome to return to us, provided she does so within 12 months of any ICO decision.

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Investigator's decision on behalf of the Ombudsman