Salford City Council (22 005 339)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 09 Aug 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council was at fault in sharing confidential information. This is because the Information Commissioner is better placed to consider such matters.
The complaint
- The complainant, who I will refer to as Miss B, complains that the Council’s social worker placed her at risk by sharing confidential information with a third party.
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))
- 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 information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss B’s family was the subject of a children and family assessment. She says that, in the course of working with her family, a social worker shared confidential information about her partner and security arrangements at her home with a third party. She complains that, by doing so, the social worker placed her family at risk. The Council has denied that it was at fault in sharing information with the third party.
- The Ombudsman will not investigate Miss B’s complaint. Essentially, her complaint relates to the protection of her data. Complaints about data protection matters may be brought to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider them. It would be appropriate for Miss B to use this recourse and we will not intervene.
Final decision
- We will not investigate Miss B’s complaint because she can bring her concerns to the attention of the Information Commissioner’s Office and it would be appropriate for her to do so.
Investigator's decision on behalf of the Ombudsman