Summary: We will not investigate this complaint about a data breach. Another agency would be better placed than us to consider the matter.

The complaint

1. Mrs X said the Council wrongly shared her data with a hostile environment. She said this would put her family at risk.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The complaint concerns a report Mrs X made to the Council that she was being bullied by school staff and others associated with it and other schools.
6. Complaints about data breaches are normally matters for the Information Commissioner’s Office (ICO). This is because the ICO has the power to determine a data breach and the power to impose penalties that we do not have.

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Final decision

7. We will not investigate Mrs X’s complaint because the ICO is better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman