Summary: We will not investigate Mr X’s complaint about a child and family assessment the Council sent him which included details of not just his son, but three other children. This is because complaints about data protection issues, such as this, are best considered by the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall call Mr X, complains a child and family assessment the Council sent him, regarding his son, also contained the names of three other children.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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 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 the information Mr X provided. This included the Council’s response to his complaint. I sent Mr X a draft of my decision and invited his comments.

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What I found

6. Mr X complained the Council sent him a child and family assessment document, relating to his son, which also included the names of three other children. Mr X says the Council breached the Caldicott Principles and the General Data Protection Regulations in doing so. He also questioned whether his son’s details were passed to other parties.
7. The Council did not uphold the complaint. It told Mr X it needed to strike a balance between information protection and sharing information in a person’s best interests. It decided to share the names of his son’s associates with Mr X so he had the necessary information to be able to safeguard his son against the risk of him being exploited or involved in criminal activity. This was due to his son being associated with child exploitation, gangs, and drug related activity.

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Final decision

8. We will not investigate this complaint. This is because complaints about data protection issues such as this are best considered and decided by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman