Leicestershire County Council (19 012 350)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 12 Dec 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s handling of personal data. This is because the Information Commissioner’s Office is the appropriate body to consider her concerns.
The complaint
- Mrs X complains a council social worker wrongly disclosed personal information to her husband’s employer.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- 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 personal information in error. The ICO has wide powers to take action against data controllers.
- 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. This is because the ICO is in a better position than the Ombudsman to consider such complaints. It is the body set up by Parliament to consider such matters. Mrs X should therefore approach the ICO about her concerns. It is the appropriate body to consider her complaint.
Final decision
- The Ombudsman will not investigate Mrs X’s complaint. This is because the Information Commissioner’s Office is the appropriate body to consider her concerns.
Investigator's decision on behalf of the Ombudsman