Summary: We will not investigate this complaint about the Council’s alleged disclosure of sensitive footage involving Mr X’s child. This is because it would be reasonable for Mr X to refer his complaint to the Information Commissioners Office.

The complaint

1. Mr X complained a Council social worker shared footage of his wife and child with a third party without his consent. He said this matter has caused him and his family distress.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says a Council social worker procured baby monitor footage of his wife and child and shared it with a third party without his consent. He said this has caused his family distress and he is unhappy the Council has not confirmed whether it will delete the footage.
7. This complaint is better dealt with by the Information Commissioner’s Office (ICO). This is because the Mr X’s complaint relates to the Council’s handling of his data. The ICO is the United Kingdom’s independent authority set up to uphold information rights and deal with complaints about public authorities’ failures to comply with data protection legislation.

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Final decision

8. We will not investigate Mr X’s complaint because it would be reasonable for him to refer his complain to the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman