Summary: We will not investigate this complaint about incorrect information disclosed by the Council. This is because the Information Commissioner’s Office would be best placed to consider this complaint.

The complaint

1. Mrs X complained the Council shared incorrect information regarding her DBS (Disclosure and Barring Service) records with the NMC. She said she is now under investigation by the NMC (Nursing and Midwifery Council) due to information the Council shared. She wants all incorrect information provided to the NMC formally rectified.

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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’s Office (ICO) 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. In its response, the Council said the information it shared with the NMC was factually incorrect and apologised. It said it had updated its records, which now reflected the advice sought from Mrs X’s new employer at the time. It said it added a written consultation form to the record to ensure clarity. It said this is a step now included in its standard practice.
7. Mrs X said the response contained further inaccuracies.
8. If Mrs X remains unhappy with the information shared by the Council, that would be a matter for the ICO as the body best placed to consider the complaint.

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Final decision

9. We will not investigate Mrs X’s complaint because the Information Commissioner Office would be best placed to consider it.

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Investigator's decision on behalf of the Ombudsman