Summary: We will not investigate this complaint about the disclosure of information. This is because there is another body better placed than the Ombudsman to do so.

The complaint

1. The complainant, Miss X, complains that the Council was at fault in its handling of her child’s personal information, leading to its disclosure to third parties.

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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 another body better placed to consider the 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 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

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

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My assessment

6. Miss X complains that fault on the Council’s part led to the disclosure of her child’s personal information. She says the disclosure included sensitive information which has significant safeguarding implications. She believes the Council’s response to the disclosure and to her subsequent complaint have been flawed.
7. The Ombudsman will not investigate Miss X’s complaint because it concerns a data protection matter. The complaint correspondence demonstrates that the Council has accepted that it was at fault in sharing the information. If Miss X is unhappy with the response she has received, it is open to her to bring her concerns to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider them.

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Final decision

8. We will not investigate Miss X’s complaint because she may bring her concerns to the attention of the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman