Summary: Ms C complained the Council failed to keep proper records and shared her information with the father of her children, putting her at risk. We have discontinued the investigation because there is another body better placed to consider this complaint, the Information Commissioner. Ms C also complained about the Council’s child protection investigation. The Council has not had an opportunity to consider this complaint and therefore it is premature.

The complaint

1. Ms C complained the Council failed to keep proper records and shared her information with the father of her children putting her at risk.
2. Ms C also complained about the Council’s child protection investigation.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. (Local Government Act 1974, section 24A(6), as amended)
5. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))
6. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

7. I considered:
• Ms C’s complaint and the information she provided;
• documents supplied by the Council;
• relevant legislation and guidelines; and
• the Council’s policies and procedures.
8. Ms C and the Council commented on a draft decision. I considered their comments before making a final decision.

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What I found

What happened

9. In March 2021, the Council received a referral for Ms C’s children. The Council completed a child and family assessment. The Council gave Ms C a copy in May 2021.
10. After the Council sent the assessment to Ms C, it added information to the case chronology. This was information the father of Ms C’s children, Mr D, had previously asked the Council not to share. These were police reports. When the Council subsequently sent a copy of the assessment to a family centre, the police reports showed in the assessment’s chronology.
11. Ms C made a formal complaint to the Council in December 2021. She said it had made illegitimate amendments to the assessment and had falsified records. She asked the Council to remove the information added to her assessment and amend its records. She also raised that the Council had removed information about Mr D.
12. The Council responded in January 2022. It explained the chronology section of the assessment automatically updated when it added information to the case’s chronology. It said it added information to the case’s chronology after it provided Ms C with a copy of the assessment in May 2021, and this was automatically added to the assessment’s chronology. It advised the rest of the assessment remained unchanged. The Council apologised for any distress caused. Ms C told the Council she was unhappy with its response.
13. In January 2022, Ms C told the police her children had disclosed abuse by their father. The police assured Ms C it would not tell Mr D she was the one who reported it. The police reported the disclosure to the Council and child protection enquiries were initiated. Ms C believed the Council shared this information with Mr D during its child protection investigation.
14. Ms C complained to the Council that it had breached her confidentiality and its child protection summary included factual mistakes and misinformation.
15. In relation to both complaints, the Council told Ms C it would consider what information it could and should revise and provide her with an explanation for any data it could not.
16. In May 2022, the Council signposted Ms C to the Information Commissioner.

Analysis

17. There is another body better placed to consider Ms C’s complaint about the Council’s handling of her personal information, the Information Commissioner. The Information Commissioner’s office is responsible for dealing with complaints from people about how a Council has handled their information, including if the information was wrong or it disclosed it to someone else. Ms C has raised a complaint with the Information Commissioner. We will not consider matters investigated by the Information Commissioner, regardless of its result.
18. During our investigation, Ms C raised concerns about the Council’s child protection investigation. This is a new complaint, and the Council has not had an opportunity to consider it. We normally expect complainants to have exhausted the Council’s complaint procedures before using our service. Ms C can raise her complaint with the Council and if she is unhappy with its response, once its complaint procedure has finished, she can bring the complaint to us.

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Final decision

19. I have discontinue my investigation. There is another body better placed to consider Ms C’s complaint about data handling, the Information Commissioner. Her complaint about the Council’s child protection investigation is premature.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman