Kent County Council (19 019 056)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 28 Mar 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Miss B’s complaint that the Council was at fault in disclosing her identity to a third party. This is because the Information Commissioner is better placed than the Ombudsman to consider the matter.

The complaint

  1. The complainant, who I will refer to as Miss B, complained that the Council was at fault in disclosing her identity to a third party, placing her in potential danger.

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The Ombudsman’s role and powers

  1. 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, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
  2. 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)

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How I considered this complaint

  1. I have considered what Miss B has said in support of her complaint.

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What I found

  1. Miss B gave the Council information relating to her concerns about children who were subject to child protection action. She complains that the Council passed this information to the children’s mother, thereby identifying her. She says the Council’s action has put her in danger.
  2. Miss B wants the Council to assure her that she can give information anonymously in future. She also wants the Council to replace the social worker responsible for the children.
  3. The Ombudsman will not investigate Miss B’s complaint. This is because it concerns an allegation that the Council has breached Miss B’s confidentiality. The Information Commissioner’s Office deals with such complaints and is better placed than the Ombudsman to do so. It would be reasonable for Miss B to bring her concerns to the Information Commissioner’s attention.
  4. It is not for the Ombudsman to decide how the Council deploys its staff, and we would not recommend that a particular social worker be replaced. We cannot therefore achieve the outcome Miss B is seeking.

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Final decision

  1. The Ombudsman will not investigate this complaint. This is because there is another body better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman

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