Summary: We will not investigate Miss X’s complaint that the Council failed to safeguard a child and breached Miss X’s data protection rights. This is because Miss X is not a suitable representative for the child involved and the Information Commissioner is better placed to consider her complaint about a data breach.

The complaint

1. Miss X complains that the Council has failed to safeguard a child and has breached her data protection rights when sharing information with the child’s parent.

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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 may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate Miss X’s complaint about safeguarding. Given the facts of the case, and the fact that Miss X does not have parental responsibility for the child, I do not consider that she is suitable to act on behalf of the child in regard to this matter.
8. I will not investigate Miss X’s complaint about a data breach. This is because complaints about data protection and the sharing of personal information are best dealt with by the Information Commissioner’s Office (ICO).

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Final decision

9. We will not investigate Miss X’s complaint because she is not a suitable representative for the child involved and the ICO is better placed to consider her complaint about a data breach.

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Investigator's decision on behalf of the Ombudsman