Summary: We will not investigate Ms X’s complaint about how the Council handled her personal data during a child protection conference. The Information Commissioner’s Office is better placed to consider the complaint.

The complaint

1. Ms X complained the Council shared her personal information during a child protection conference without good cause. Ms X also complained about the Council’s complaint handling.
2. Ms X said the matter caused her distress and frustration.

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The Ombudsman’s role and powers

3. 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))
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection or data processing. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Ms X’s complaint that the Council requested and shared her personal information as part of a child protection conference. This is because the matter relates to data processing and data handling.
9. Parliament created the Information Commissioner’s Office (ICO) to consider matters relating to data processing and data handling. It is therefore better placed than the Ombudsman to consider whether Ms X’s personal data was mishandled.
10. I have seen no good reasons the Ombudsman should investigate in place of the ICO, and so we will not investigate this complaint.
11. Ms X also complained about the Council’s complaints procedure. However, it is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue. Therefore, we will not investigate this complaint.

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Final decision

12. We will not investigate Ms X’s complaint because the Information Commissioner’s Office is better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman