Sefton Metropolitan Borough Council (24 021 524)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 13 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a personal data breach. This is because complaints about data matters, such as this, are best considered and decided by the Information Commissioner’s Office.
The complaint
- Mr X complains the Council committed a personal data breach when it shared out of date confidential personal information about him with a third party, without his consent. He also complains about the impact of the breach.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has responded to Mr X’s complaint. It does not consider there has been a data breach. It signposted Mr X to the Information Commissioner’s Office in its final response if he remains dissatisfied.
- Mr X’s complaint relates to data matters which are best considered by the Information Commissioner’s Office. It is the body set up to consider complaints about data matters such as this. We will not also consider it.
Final decision
- We will not investigate Mr X’s complaint because it concerns data matters best considered and decided by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman