Summary: The Ombudsman will not consider Ms N’s complaint about the Council sharing personal information about her and her family. The Council has already proposed a suitable remedy.

The complaint

1. Ms N complained the Council shared personal information about her and her family with people unconnected to her. She says this caused them significant stress and worry.

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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 are satisfied with a council’s actions or proposed actions; 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’s Office (ICO) if they have a complaint about data protection. (Local Government Act 1974, section 24A(6), as amended).

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How I considered this complaint

4. I have considered all the information Ms N provided. I have also considered the Council’s response. I have written to Ms N with my draft decision and considered her comments.

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What I found

5. Ms N complained the Council shared personal information about her and her family with her daughter’s partner. The partner shared the information with his friends, who supported him in reading the documents. Ms N says the Council was aware the partner could not read the documents and would need outside help. She says this breached her confidentiality and caused her and her family significant stress.
6. The Council has apologised for sharing Ms N’s information and has offered £200 as a goodwill gesture.
7. The Ombudsman Guidance on Remedies suggests payments of between £100 and £300 for distress. I consider this a proportionate remedy for the injustice Ms N experienced.
8. The Information Commissioner’s Office (ICO) is in a better position to look at complaints about data breaches. It is open to Ms N to contact the ICO to consider any changes the Council needs to make to its information practices.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because the Council has provided a suitable remedy in the form of an apology and payment for distress. Ms N may also take her complaint to the ICO.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman