Summary: We will not investigate X’s complaint about children services’ actions. The Information Commissioner’s Office and Social Work England are better placed to do so.

The complaint

1. X says the Council disclosed private information about them to a third party. They say social workers acted unprofessionally. They say this has caused them distress.

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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 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 X which included the Council’s final reply to X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. X says the Council gave private information about them to a third party. They say this has caused them alarming distress. They say they later heard social workers mocking X during a telephone voicemail. X complained to the Council. The Council in reply said the issues would be dealt with by the Council’s human resources department.
7. X says they have lost faith in children services and would like an investigation into the conduct of the officers involved.

Analysis

8. The Information Commissioner’s Office (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 disclosing information in error.
9. 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. I consider that to be the case here and X should therefore approach the ICO about their concerns.
10. Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. If X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect them to report their concerns to the professional body, Social Work England.

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Final decision

11. We will not investigate X’s complaints about children services action because there are other bodies better placed to consider them.

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Investigator's decision on behalf of the Ombudsman