Summary: The Ombudsman will not investigate this complaint about the actions of a social worker. This is because he cannot achieve the outcome the complainant wants and because the complainant could complain to the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Ms X, wants action taken against a social worker after he breached her confidentiality.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

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)
4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

5. I read the complaint and the Council’s responses. I invited Ms X to comment on a draft of this decision.

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What I found

What happened

6. A social worker arranged to take Ms X’s grandchild to visit her father (Ms X’s son). He found he did not have a car seat to transport the child. Rather than disappoint the child the social worker transported her in the back of the car next to her mother. They drove to Ms X’s home which was meant to be confidential to Ms X. The mother briefly spoke to other family members.
7. Ms X says this breach of confidentiality has caused significant stress and has affected her mental health. She wants to know exactly what action was taken against the social worker and she would like him to be sacked.
8. The Council upheld her complaint. It apologised and said the social worker should not have allowed the child to travel without a car seat and he should not have brought the mother to Ms X’s home. It said the matter would be dealt with by the Council but it could not give Ms X any details because it is confidential between the social worker and the Council.

Assessment

9. I will not start an investigation because I cannot achieve the outcome Ms X wants. The Council took the incident up with the social worker but the details have to remain confidential between the officer and the Council. I cannot break data protection by disclosing any information to Ms X and I cannot ask the Council to provide any more information to Ms X.
10. In addition, the law prevents me from intervening in any employment matter. I have no power to get the social worker sacked or to ask the Council to dismiss him.
11. Ms X says the Council broke confidentiality by disclosing her address to the mother. Ms X can pursue this with the Information Commissioner. The Information Commissioner is the appropriate body to consider complains about data protection.

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Final decision

12. I will not start an investigation because I cannot achieve the outcome Ms X would like and because she can complain to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman