Summary: We will not investigate Ms X’s complaint about data the Council holds about her. The Information Commissioner’s Office is better placed to consider her complaint.

The complaint

1. Ms X complained the Council holds information about her it should not. She says the Council has wrongly shared the information and it continues to negatively impact her life, her reputation, and her ability to work with children.

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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 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 this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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

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

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My assessment

6. Ms X says the Council’s Local Authority Designated Officer (LADO) has retained information about a historical incident involving Ms X which was considered in family court and in which the judge cleared her of wrongdoing.
7. Ms X says the information has recently been shared as part of consideration of her suitability for a Special Guardianship Order (SGO) which she was denied. We cannot consider the SGO process as it took place in and was decided by a court.
8. Ms X says the Council’s retention and sharing of data about the reported incident continues to negatively impact her personal life and ability to work with children. Ms X wants the Council to delete the data.
9. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes wrongly disclosing information and holding inaccurate information.
10. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints..

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Final decision

11. We will not investigate Ms X’s complaint because the ICO is best placed to consider complaints about information and data processing, including retention.

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Investigator's decision on behalf of the Ombudsman