Herefordshire Council (20 009 218)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 04 Feb 2021
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about a data breach because it is reasonable for Miss Y to complain to the Information Commissioner’s Office. This body is better placed than the Ombudsman to consider this type of complaint.
The complaint
- Mr X has complained, on behalf of Miss Y, that the Council has shared information without consent which has breached data protection.
- He says this has caused Miss Y, and the family as a whole, significant distress.
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 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 the information provided about the complaint as well as the complaint form completed on behalf of Miss Y. Mr X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Miss Y’s complaint is about a potential breach of data protection. Mr X says he is seeking compensation and an apology from the Council for the distress caused.
- The Information Commissioner’s Office was set up to deal with complaints about breaches of data protection. Consequently, it is better placed than the Ombudsman to consider the complaint.
Final decision
- We will not investigate this complaint about a data breach because it is reasonable for her to complain to the Information Commissioner’s Office. This body is better placed than the Ombudsman to consider this type of complaint.
Investigator's decision on behalf of the Ombudsman