Summary: We will not investigate this complaint that the Council was at fault in its handling of the complainant’s children’s personal data. This is because the Information Commissioner’s Office is better placed than the Ombudsman to consider the matter.

The complaint

1. The complainant, Mrs X, complains that the Council failed to safeguard her children by allowing their personal data to be released to a third party.

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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 the 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s complaint concerns what she regards as the Council’s failure to keep her children’s personal information private. She says she reestablished contact with another family member and was encouraged by the Council to provide information to share with him. She says she gave the Council’s social worker family photographs on the understanding that the family member would not have unsupervised access to them.
7. The family member subsequently shared the photographs of Mrs X’s children on social media. Mrs X says this demonstrates that the Council gave the photographs to him, or allowed him unsupervised access to them during which he was able to make copies. She says that this has caused her to fear for her children’s safety. She believes the Council has failed to accept the severity of the matter.
8. The Ombudsman will not investigate this complaint. Effectively, it amounts to an allegation that the Council misused Mrs X’s children’s personal data. This is a matter the Information Commissioner’s Office (ICO) is better placed than the Ombudsman to consider. Mrs X may bring her concerns about the security of her children’s data to the ICO and there is no role for us.

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Final decision

9. We will not investigate Mrs X’s complaint because another body is better placed to do so.

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Investigator's decision on behalf of the Ombudsman