Summary: We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to accept her complaint because she does not have parental responsibility for the child concerned. Mrs X’s complaint about a data breach is best considered by the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council’s actions in relation to her granddaughter’s childrens services case. She also complains the Council committed a data breach.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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 information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained to the Council about its handling of her granddaughter’s case and about a data breach.
8. The Council told Mrs X it could not accept her complaint. This is because she does not have parental responsibility for the child concerned. It explained that in order to comply with data protection and confidentiality legislation it could not share any information about the case with her. It confirmed it had passed Mrs X’s concerns to the relevant team and that it is open to the child’s parent or guardian to make a complaint.
9. There is no sign of fault in the Council’s decision not to accept this complaint from Mrs X and it has clearly explained the reason for its decision. The same restriction also applies to complaints made to this office.
10. We will not investigate Mrs X’s complaint about an alleged data breach. This is because complaints about data matters are best considered by the Information Commissioner’s Office (ICO) which is set up to consider such matters.

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Final decision

11. We will not investigate Mrs X’s complaint. This is because there is no sign of fault by the Council in its decision not to accept Mrs X’s complaint and the data issue is best considered by the ICO.

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Investigator's decision on behalf of the Ombudsman