Summary: The Ombudsman will not investigate Ms A’s complaint that the Council has disclosed personal information without consent. This is because Ms A has brought the matter to the attention of the Information Commissioner and the Ombudsman can achieve nothing further.

The complaint

1. The complainant, who I will refer to as Ms A, complains that the Council has disclosed personal information without consent.

Back to top

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 or continue with an investigation if we believe we cannot achieve the outcome someone wants. (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)

Back to top

How I considered this complaint

4. I have considered what Ms A has said in support of her complaint.

Back to top

What I found

5. Ms A complains that the Council has disclosed personal information to a third party. Both she and the Council contacted the Information Commissioner, who found that an infringement of the Council’s data protection obligations had taken place.
6. Ms A asked the Council to add the issue of the disclosure to her ongoing complaint against a social worker. The Council has declined to do so on the grounds that the Information Commissioner’s findings and recommendations have exhausted the matter.
7. In settlement of her complaint, Ms A wants the Council to take disciplinary action against the social worker. She also wants the Council to be fined.
8. I have considered what Ms A has said about the specific issue of the data breaches. Matters which do not relate to the breaches are subject to the statutory children’s services complaints procedure and do not form part of this complaint.
9. The Ombudsman will not investigate this complaint. Ms A has used the appropriate recourse by going to the Information Commissioner, who is better placed than the Ombudsman to consider complaints about data protection. If Ms A believes she has suffered detriment form the failures identified by the Information Commissioner, her recourse is to take the matter to court, where the Information Commissioner’s findings may be material.
10. It is also the case that the Ombudsman’s intervention could not achieve the outcomes Ms A wants. We have no power to recommend disciplinary proceedings or to fine the Council for a data breach. The latter is a power the Information Commissioner has but the Ombudsman does not.

Back to top

Final decision

11. The Ombudsman will not investigate this complaint. This is because Ms A has brought the matter to the attention of the Information Commissioner and the Ombudsman cannot achieve anything further.

Back to top

Investigator's decision on behalf of the Ombudsman