Birmingham City Council (25 018 573)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 16 Mar 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about a data breach by the Council. This is because complaints about data matters such as this are best considered and decided by the Information Commissioner’s Office.
The complaint
- Miss X complains the Council committed a data breach when it shared her personal information in an assessment report. She also complains about the impact of this breach.
The Ombudsman’s role and powers
- 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)
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council about the matter set out in paragraph one, above.
- The Council upheld Miss X’s complaint. It acknowledged the information should not have been included in the assessment and that the officer did so in error. It apologised to Miss X and referred the breach to its Data Protection Officer.
- We will not investigate Miss X’s complaint. This is because it is about a data matter which is best considered and decided by the Information Commissioner’s Office. It is the body set up to consider complaints about data matters such as this and so it is best placed to consider it. We will not also investigate it.
Final decision
- We will not investigate Miss X’s complaint because it is about a data matter best considered and decided by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman