Summary: We will not investigate this complaint about an acknowledged data breach in a sensitive matter by the Council. We could not deliver the outcome Mr X is seeking, which is a large financial settlement to enable him to move to another area. He has a right to go to court to seek damages it would be reasonable to use.

The complaint

1. Mr X said the Council placed sensitive and inaccurate information on his children’s records that concerned another person with a similar name. He said had significant consequences for him when it shared the incorrect information. He wanted the Council to pay a significant financial settlement to enable him to move to another area.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

5. The correspondence Mr X provided shows the Council accepted there had been a data breach by passing information to another authority that related to another person with a similar name.
6. Were we to investigate, we could not achieve the outcome Mr X is seeking, which is a substantial financial settlement to allow him to move to another aera. We would be likely only to recommend a symbolic payment as our role is not the same as a court, and we cannot award damages.

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Final decision

7. We will not investigate Mr X’s complaint because he has a right to go to court it would be reasonable to use. This is because he is looking for a substantial financial settlement that we could not recommend, but which might be achievable via court action.

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Investigator's decision on behalf of the Ombudsman