Summary: We will not investigate this complaint about personal information being shared with a third party. This is because the Information Commissioner is better placed to consider the matter.

The complaint

1. Mr X complains that the Council shared included personal information about him in a child protection assessment, that was then shared with a third party without Mr X’s permission.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mr X’s complaint because it is about a breach of data protection rules, so the Information Commissioner’s Office (ICO) are better placed to consider the issues raised. The ICO enforces all data protection legislation and is in the best position to decide whether the Council has complied with data protection laws.

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Final decision

7. We will not investigate Mr X’s complaint because the ICO are better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman