Summary: We will not investigate Mr X’s complaint about data protection issues because the Information Commissioner’s Office is better placed.

The complaint

1. The complainant, whom I shall call Mr X, says the Council stored information about him and his family without his consent and sent information unencrypted.

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The Ombudsman’s role and powers

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)
3. 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)

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How I considered this complaint

4. I considered the information Mr X provided with his complaint. I considered Mr X’s comments on a draft version of this decision.

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What I found

5. Mr X says that in October 2020 his child, B, suffered an injury whilst at nursery. Mr X’s partner took B to hospital. The Council were informed and carried out a short safeguarding assessment. It took no further action and closed its case. Mr X understands the Council kept its record, including his name. He says he did not consent to a record being kept with his name on it.
6. Mr X also says the Council sent emails to him, about him and B, which had not been sent by a secure method.

Analysis

7. Parliament set up the Information Commissioner’s Office (ICO) to consider disputes about Data Protection breaches. Holding data without the subject’s permission, and the way sensitive information is sent, can be data breaches. It is reasonable to expect Mr X to approach the ICO who are better placed to consider his complaint. This is particularly so because child protection has complex data protection exemptions.

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Final decision

8. We will not investigate this complaint. This is because the ICO is better placed.

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Investigator's decision on behalf of the Ombudsman