Summary: We will not investigate Miss X’s complaint that the Council shared sensitive information with her daughter without her consent. It is reasonable to expect Miss X to take her complaint to the Information Commissioner’s Office.

The complaint

1. Miss X complains the Council breached data protection law. She says it shared sensitive information about her health with her daughter, without her consent.

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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 this 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 Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Miss X’s complaint because it is reasonable for her to complain to the Information Commissioner’s Office. It is the appropriate body to consider complaints about any data breaches.

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Investigator's decision on behalf of the Ombudsman