Summary: We will not investigate Miss X’s complaint that the Council shared her personal information without her consent. This is because the Information Commissioner is better placed to consider the matter.

The complaint

1. Miss X complains that the Council sent her personal information to a school without her consent and considers this to be a data protection breach.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. I will not investigate Miss X’s complaint. This is because complaints about data protection and the sharing of personal information are best dealt with by the Information Commissioner’s Office (ICO)

Back to top

Final decision

7. We will not investigate Miss X’s complaint because the ICO is better placed to consider the matter

Back to top

Investigator's decision on behalf of the Ombudsman