Summary: We will not investigate Mr X’s complaint that a social worker disclosed information about his family to other people and was responsible for him being sentenced. The Information Commissioner’s Office is better placed to deal with the data matter. We cannot investigate a matter that has been subject to court action

The complaint

1. Mr X is under 18 and complained via an advocate. He said a social worker was biased against him and his family. He said she told other people things about his family she had no right to share. He also said her actions led to him being sentenced for an offence.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

5. I read Mr X’s complaint as given by his advocate. I gave him an opportunity to comment on a draft decision.

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What I found

6. Mr X said a social worker shared information she should not have done with other people about his family. Complaints that a person’s data has been breached, whether intentionally or not, are considered by the Information Commissioner’s Office (ICO). We have discretion to investigate if there is a good reason, but we usually exercise this when we know the breach occurred, as we can consider remedy for personal injustice, where the ICO does not.
7. In this case, the Council has declined to consider Mr X’s complaint and has not accepted there was a breach. The ICO is better placed than us to consider if there was a breach.
8. A court convicted Mr X of a criminal offence. The role of the social worker is not separable from the court’s decision.

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Final decision

9. We will not investigate this complaint. This is because:

• The ICO is better placed to consider the alleged data breach; and
• We cannot investigate the social worker’s role in Mr X’s conviction as this is not separable from the court’s decision.

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Investigator's decision on behalf of the Ombudsman