Summary: We will not investigate this complaint about an alleged breach of confidentiality. This is because the Information Commissioner’s Office is better placed than the Ombudsman to consider the matter.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council’s social worker has breached his confidentiality, and that of other parties.

Back to top

The Ombudsman’s role and powers

2. 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 the complaint. (Local Government Act 1974, section 24A(6))
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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complains that a social worker breached his confidentiality in producing a child protection review report. He says his medical history was accessed without his permission and was shared in the report. He also says the personal details of members of his family have been shared without permission.
7. The Ombudsman will not investigate this complaint. Essentially, it amounts to a complaint that the Council has breached the Data Protection Act 2018. The Information Commissioner’s Office is the appropriate body to consider such matters. Mr X may bring his concerns to the Information Commissioner’s attention.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because the Information Commissioner is better placed to consider the matter.

Back to top

Investigator's decision on behalf of the Ombudsman