Summary: The Ombudsman will not investigate Ms X’s complaint about a data breach involving her granddaughter. This is because the Information Commissioner’s Office is in a better position than the Ombudsman to deal with her concerns.

The complaint

1. Ms X complains on behalf of her granddaughter (Ms Y). She complains that Ms Y’s former social worker wrongly disclosed her personal information.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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 or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
4. 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

5. I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave her the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

6. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error and wrongly using a person’s data.
7. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO.
8. I consider the ICO to be in a much better position than the Ombudsman to consider Ms X’s complaint. It can decide if there has been a breach of Ms Y’s personal data. If there has, it can decide if the Council has dealt with the breach appropriately. The ICO has much wider powers than the Ombudsman to act if it finds the Council has failed in its duties as a data controller. I see no reason Ms X cannot complaint to the ICO. Ms X should therefore complain to the ICO because it is the appropriate body to deal with her concerns.

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Final decision

9. The Ombudsman will not investigate Ms X’s complaint. This is because the Information Commissioner’s Office is in a better position than the Ombudsman to deal with her concerns.

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Investigator's decision on behalf of the Ombudsman