Summary: We will not investigate this complaint about a data breach. This is because the Information Commissioner’s Office is the appropriate body to consider the complaint.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained the Council wrongly disclosed information about her son to a third party. Miss X wants compensation.

Back to top

The Ombudsman’s role and powers

2. 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))
3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. This includes complaints about disclosing information in error. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. We will not start an investigation into Miss X’s complaint.
7. The issue at the heart of this complaint is data protection and that the Council wrongly disclosed personal information. 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’ failures to comply with data protection legislation. This includes disclosing information in error.
8. 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. Miss X should therefore approach the ICO about her concerns. If Miss X wants to pursue compensation, she can make a claim against the Council. If it is refused, she can make a claim in court.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because the ICO is best placed to consider complaints about data protection issues.

Back to top

Investigator's decision on behalf of the Ombudsman