Summary: Mrs X says the Council breached her confidentiality by telling someone that she had complained to the Council on behalf of the other person. We will not investigate. This is because this complaint does not meet the tests set out in our Assessment Code on which complaints we should investigate. We are unlikely to find enough evidence of fault plus it is reasonable for Mrs X to complain to the Information Commissioner’s Office if she considers her personal data has been breached.

The complaint

1. In summary, Mrs X says the Council told another person that Mrs X had complained to the Council on behalf of the other person. Mrs X had complained about the Council’s actions as an employer of the other person.
2. Mrs X is also aggrieved that the Council has failed to respond to her complaints about this matter.

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The Ombudsman’s role and powers

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
5. 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 not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant. And I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint. This is because it is usual to seek permission from the person on whose behalf you are making a complaint especially concerning their employment. Employment matters are not dealt with via complaints procedures. So, taking all the above into account, the Council’s lack of response is unlikely to represent enough evidence to warrant an Ombudsman’s investigation.
8. Further, if Mrs X considers her personal data has been disclosed without her permission, it is reasonable for Mrs X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices. The Information Commissioner’s Officer has powers to require Councils to comply with General Data Processing Regulations. So, it can consider whether the Council has responded in line with its legal duties.

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Final decision

9. I will not investigate this complaint as we are unlikely to find enough evidence of fault plus the Information Commissioner may be better placed to consider.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman