Summary: We will not investigate this complaint about the Council sharing Mr X’s personal information with a third party. The Information Commissioner’s Office is better placed to consider it.

The complaint

1. Mr X complained the Council shared his personal information with a third party without his permission, during his involvement with its children’s services.
2. Mr X said this caused him distress.

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The Ombudsman’s role and powers

3. 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))
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. Mr X complained the Council shared his personal information, about his previous involvement with the Police, with a third party. Mr X said this happened without his permission.
8. The Council said while it gathered this information during its involvement with Mr X’s family, it did not share the information with the third party.
9. Parliament set up the Information Commissioner’s Office (ICO) to consider data protection disputes. The ICO is better placed than the Ombudsman to consider such matters because they hold the regulatory powers to enforce UK data protection laws and take enforcement action where necessary.
10. Mr X has a right to raise his complaint with the ICO and it is reasonable to expect him to do so. For this reason, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to consider it.

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Investigator's decision on behalf of the Ombudsman