Summary: We will not investigate this complaint about the Council disclosing personal details. This is because this matter is best dealt with by the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained the Council shared her daughter’s personal details with third parties. Mrs X says the breach of confidentiality has had a significant impact on her daughter and she is being bullied as a result.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
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 Mrs X and the Ombudsman’s Assessment Code.

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My assessment

5. I consider it would be reasonable for Mrs X to complain to the Information Commissioner’s Office (ICO) if she is concerned about how the Council handled her daughter’s personal data. The ICO is the independent body set up to uphold information rights and is best placed to deal with Mrs X’s concerns.

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Final decision

6. We will not investigate Mrs X’s complaint because the ICO is best placed to deal with this matter.

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Investigator's decision on behalf of the Ombudsman