Stockport Metropolitan Borough Council (23 008 143)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 27 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council has breached the complainant’s confidentiality. This is because another body is better placed to consider the matter.
The complaint
- The complainant, who I will refer to as Miss X, complains that the Council breached her confidentiality.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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 information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X says a Council officer disclosed personal information about her to a third party without her consent. She says this has caused her distress and had an impact on her relationship with the third party.
- The Ombudsman will not investigate this complaint. Miss X’s complaint is about a data protection matter. The Information Commissioner’s Office is better placed than the Ombudsman to consider such matters.
- If Miss X believes the Council breached her confidentiality, and is not satisfied with the Council’s response, it is open to her to bring her concerns to the attention of the Information Commissioner. There is no role for the Ombudsman.
Final decision
- We will not investigate Miss X’s complaint because another body is better placed to consider them matter.
Investigator's decision on behalf of the Ombudsman