Southampton City Council (26 003 082)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 13 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s refusal to accept her complaint about a software system and that it shared her personal data with the Police without her consent. The tests in our assessment code are not met and the Information Commissioner’s Office is better placed to consider a complaint about data protection.
The complaint
- Ms X complains the Council has refused to accept her complaint about its procurement and use of a software system. She also complains the Council has passed personal information about her to the Police without her consent and this matter has caused her distress. She wants the Council to apologise and investigate her concerns.
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 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate Ms X’s complaint that the Council shared her personal information with the Police without her consent. The Information Commissioner’s Office is the UK regulator for data protection and information rights and is better placed to consider a complaint about this matter.
- We will also not investigate the Council’s decision not to accept her complaint under its complaint’s procedure. Although Ms X is unhappy with the reason provided, I am satisfied the Council has appropriately considered the matter before reaching its decision, so we will not investigate this.
Final decision
We will not investigate Ms X’s complaint because the Information Commissioner’s Office is better placed to consider a complaint about data protection and the tests in our assessment code are not met.
Investigator's decision on behalf of the Ombudsman