Summary: We will not investigate this complaint about the Council sharing information without Ms X’s permission. There is nothing worthwhile achievable from our investigation. The Information Commissioner’s Office is best placed to address data breaches. The law also says we cannot investigate complaints about court action or what happened in court.

The complaint

1. Ms X complains that a Family Help worker told her ex‑husband they were no longer working with the children. Ms X says this breach put her safety at risk and harmed her position in child‑arrangements proceedings by portraying her as uncooperative and undermining her credibility as a parent. She says the Council failed to follow safeguarding duties, domestic abuse procedures, and basic General Data Protection Regulation rules.

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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 and there is no worthwhile outcome achievable by our investigation (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 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)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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. The Council said that Ms X’s ex‑partner had parental responsibility and therefore had the right to know their children would not continue working with the service. Ms X says this information should not have been shared with him.
8. Ms X’s complaint is about a data matter, and so she can complain to the Information Commissioner’s Office about the Council’s alleged data breach.
9. Ms X wants the Ombudsman to write a statement she can use in court proceedings to say that the Family Help service is voluntary. We cannot provide statements for the court, and information about voluntary services is publicly available. We also cannot investigate what happened in court.
10. I will not investigate Ms X’s complaint because we could not add to the Council’s investigation or achieve a worthwhile outcome.

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Final decision

11. We will not investigate Ms X’s complaint because there is no worthwhile outcome achievable from our investigation. Alleged data breaches are best dealt with by the ICO. We also cannot consider what happened in court.

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Investigator's decision on behalf of the Ombudsman