Summary: We will not investigate Miss X’s complaint about data breaches by the Council. This is because it is about data matters which are best considered and decided by the Information Commissioner’s Office.

The complaint

1. Miss X complains the Council committed data breaches in sharing confidential personal information about her and her children with third parties. Miss X says this included inaccurate and incorrect information. She also complains about the impact this has had on her personal life and mental health.

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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 do not start an investigation if we decide 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 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))
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. Miss X complained to the Council that it committed data breaches, as set out in paragraph 1, above.
8. In its final response, the Council apologised to Miss X for sharing inaccurate information about her. It upheld Miss X’s complaint regarding her personal data; the failure to acknowledge it had not complied with data protection principles within its stage 1 response and the sharing of misinformation. It also partially upheld Miss X’s complaint about an accusation it made about her making a data breach.
9. This is not a complaint we will investigate. This is because complaints about data matters such as those raised in Miss X’s complaint are best considered and decided by the Information Commissioner’s Office. It is the body set up to consider such matters and it is best placed to do so. We will not also investigate.

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Final decision

10. We will not investigate Miss X’s complaint because it is about data matters best considered and decided by the Information Commissioner’s Office rather than this office.

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Investigator's decision on behalf of the Ombudsman