London Borough of Hammersmith & Fulham (23 013 459)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about personal information the Council disclosed. That is because the Information Commissioner’s Office deals with complaints around data protection.
The complaint
- Miss X complained the Council shared confidential information about her ex-partner with the Children and Family Court Advisory and Support service (Cafcass). She said the information it shared put her at risk of further domestic abuse. She wants the Council to accept it made a mistake.
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 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 another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Cafcass contacted the Council for information about Miss X’s ex-partner and any safeguarding concerns it had about him. That information was for a court ordered report. The Council shared information Miss X had disclosed around domestic abuse. Miss X complained that was a breach of her personal data.
- We will not investigate this complaint. That is because the Information Commissioner’s Office deals with complaints around data protection. It is best placed to consider whether there was a breach of Miss X’s personal data in the information the Council shared.
- In addition, the Council was not involved in the court proceedings. The Court was responsible for what was disclosed. We have no jurisdiction to consider the actions of the court.
Final decision
- We will not investigate Miss X’s complaint because the Information Commissioner’s Office deals with complaint around data protection.
Investigator's decision on behalf of the Ombudsman