Summary: We will not investigate Mr X’s complaint about the Council’s handling of his child’s data and about its contact with Mr X on the matter. This is because complaints about data matters, such as this, are best considered and decided by the Information Commissioner’s Office.

The complaint

1. Mr X complains the Council accessed his son’s record without any lawful basis, in response to contact from his mother. The Council then contacted Mr X, asking him intrusive and irrelevant personal questions and indicated it might disclose information to his son’s mother. Mr X says this caused him significant alarm, distress and ongoing anxiety and he has lost trust in the Council.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint. This is because it is about handling of personal data which is a data complaint best considered by the Information Commissioner’s Office (ICO). This is the body set up to consider complaints about data issues such as this and so it is best placed to consider it. Mr X says the Council had no lawful basis for accessing his son’s personal data. This is a matter the ICO is best placed to consider and decide. We will not also do so.

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Final decision

7. We will not investigate Mr X’s complaint because it is about a data matter best considered and decided by ICO.

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Investigator's decision on behalf of the Ombudsman