Summary: We will not exercise discretion to investigate this complaint about a potential data breach. This is because the Information Commissioner’s Office has already investigated the data breach and it is not a good use of public money to investigate complaints about complaint handling.

The complaint

1. Mr Y complains the Council breached data protection and sent personal information about his son to an incorrect email address. He also complains about the Council’s handling of the incident and complaint.
2. Mr Y says he and his family have been distressed by the breach and worry about the information about his son being seen by others. He is also frustrated by the Council’s handling of the complaint.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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 this complaint. (Local Government Act 1974, section 24A(6), as amended)
4. We normally expect someone to refer the matter to the Information Commissioner 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)

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How I considered this complaint

5. I considered the information provided. Mr Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. Mr Y’s complaint is about a potential breach of data protection. He says the breach has led to worry and upset for him and his family. The Information Commissioner’s Office (ICO) was set up to deal with complaints about breaches of data protection. In response to a draft of this decision, Mr Y has told us the ICO has investigated the issue, but he has been told the ICO cannot investigate the way the Council investigated his complaint. As another body has considered the complaint about the data breach and it is better placed to consider this, we will not now look at the data breach.
7. Mr Y says the Council blocked his complaint and then refused to refer the matter to the ICO for investigation. 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. Consequently, as we will not be investigating the substantive complaint about the data breach, we should not investigate this complaint about the Council’s handling of the complaint.

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Final decision

8. We will not investigate this complaint because another body, who is better placed than us to investigate, has considered the issue and it is not a good use of public resources to investigate a complaint about complaint handling.

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Investigator's decision on behalf of the Ombudsman