Summary: We will not investigate Ms X’s complaint about a safeguarding matter and a data deletion request. We have not seen enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council has allowed someone in its care to share images of her. She said the onward sharing of the images or videos has affected her emotionally.
2. Ms X also complained the Council has not processed her request to delete the images.

Back to top

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 not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. We will not investigate Ms X’s complaint because we have not seen enough evidence of fault to justify an investigation.
7. The Council acknowledged Ms X’s concerns about the images. It also explained it could not investigate her complaint under the formal complaints process while there were an active police investigation or ongoing legal proceedings.
8. The Council said it can consider her case after the police investigation or legal proceedings are finished.
9. It also advised Ms X it cannot process her data erasure request because the images were not captured by Council staff members for business use. It explained the images were captured by a person for personal use. We also note Ms X has complained to the Information Commissioner’s Office.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because we have not seen enough evidence of fault to justify a further investigation.

Back to top

Investigator's decision on behalf of the Ombudsman