Privacy settings

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

London Borough of Southwark (19 015 758)

Category : Education > Special educational needs

Decision : Closed after initial enquiries

Decision date : 20 Jan 2020

The Ombudsman's final decision:

Summary: Ms X complains that the Council breached the General Data Protection Regulation (GDPR) and failed to follow their complaints policy correctly when she complained about the breach. The Ombudsman will not investigate this complaint because there is another body better placed to investigate.

The complaint

  1. Ms X complains that the Council breached GDPR by sending an email containing personal details about her daughter to an incorrect recipient. She states that the Council then failed to handle her complaint regarding this breach in accordance with their complaints policy.

Back to top

The Ombudsman’s role and powers

  1. 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 the complaint. (Local Government Act 1974, section 24A(6), as amended)
  2. We normally expect someone to refer the matter to the Information Commissioner (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)

Back to top

How I considered this complaint

  1. I considered the content of the complaint along with the supporting documents provided. I gave Ms X the opportunity to comment on my draft decision.

Back to top

What I found

  1. Ms X’s substantive complaint is about a breach of data protection regulations. The Information Commissioner’s Office is the body best placed to investigate complaints about GDPR.
  2. Ms X also complains about the way the Council handled her complaint. However, it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, the Ombudsman should not investigate this complaint.

Back to top

Final decision

  1. The Ombudsman will not investigate this complaint because the ICO is better placed to consider the substantive complaint.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page