Summary: We will not investigate Miss B’s complaint that the Council failed to ensure her personal information was not shared. This is because it is unlikely we could add anything to the investigation the Council has already carried out.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council failed to ensure her personal information was not shared.

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The Ombudsman’s role and powers

2. 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:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint, or

(Local Government Act 1974, section 24A(6), as amended)

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 have considered what Miss B has said in support of her complaint and the correspondence she has provided. I have offered Miss B the opportunity to comment on a draft of this decision.

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What I found

5. Miss B says she applied for a primary school place for her child and received a letter offering a place at a secondary school. In response to Miss B’s complaint, the Council said the error was caused when its’ software failed to distinguish between Miss B and a third party. It apologised for its error.
6. Miss B is not satisfied with the Council’s response. She says the Council has failed to ensure her personal information was not shared and has effectively blamed her for the matter.
7. We will not investigate Miss B’s complaint because it is unlikely we could add anything significant to the response the Council has made. The Council has accepted fault, apologised and set out the action it has taken in response. There is nothing in the responses it has made which indicates that it blames Miss B. Rather, it has explicitly taken responsibility. The Ombudsman’s involvement is not warranted.
8. If Miss B considers the Council has breached data protection law by misusing her personal information, she has the option of bringing her concerns to the attention of the Information Commissioner, who is better placed than the Ombudsman to consider such matters.

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Final decision

9. We will not investigate this complaint. This is because we cannot add anything to the investigation the Council has already carried out.

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Investigator's decision on behalf of the Ombudsman