Dorset Council (22 015 032)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a data breach. This is because the Information Commissioner’s Office is better placed to deal with the complaint.
The complaint
- The complainant, whom I shall refer to as Mrs X, complained the Council wrongly disclosed information about her son to third parties.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. 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)
- We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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
- The ICO is better placed to consider Mrs X’s complaint and so we will not start an investigation.
- The 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 failing to comply with data protection legislation. This includes disclosing information in error.
- 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. It has far wider powers to act should it find the Council has failed in its duties as a data controller. Mrs X should therefore approach the ICO about her concerns.
Final decision
- We will not investigate Mrs X’s complaint. This is because the Information Commissioner’s Office is better placed to consider complaints about data protection breaches.
Investigator's decision on behalf of the Ombudsman