Summary: We will not investigate this complaint about a reported data breach. There is not enough evidence of fault and the Information Commissioner’s Office is better placed to investigate such matters.

The complaint

1. Ms X complained she received a phone call from a school asking about any special educational needs (SEN) her child might have. Ms X is concerned a family support worker shared incorrect information with the school causing distress.

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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 not enough evidence of fault to justify investigating, or

• 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 wrongly disclosing personal information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and responses from the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council told Ms X the school phoned Ms X to offer her child a place. A discussion about any SEN is standard practice. The Council said a family support worker had not told the school Ms X’s child has SEN.
7. We will not investigate Ms X’s complaint. There is not enough evidence of fault for us to become involved. Also, if Ms X believes there has been a breach of her personal information the ICO is best placed to consider her complaint.

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Final decision

8. We will not investigate Ms X’s complaint because there is not enough evidence of fault and the ICO is best placed to consider complaints about data protection.

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Investigator's decision on behalf of the Ombudsman