Suffolk County Council (22 017 254)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 04 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an alleged data protection breach. This is because the Information Commissioner’s Office is best placed to consider the complaint.
The complaint
- The complainant, whom I shall refer to as Miss X, complained the Council wrongly sent confidential information from a Child Protection Conference to her parents’ address.
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’s Office (ICO) 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not start an investigation into Miss X’s complaint. This is because the ICO is best placed to consider her complaint.
- The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error.
- There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection issues, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. It has much wider powers to deal with such complaints and can decide if the Council has failed in its duties as a data controller. Miss X should therefore approach the ICO about her concerns.
Final decision
- We will not investigate Miss X’s complaint because the ICO is the body best placed to consider it.
Investigator's decision on behalf of the Ombudsman