Summary: We will not investigate Miss X’s complaint about how the Council handled the disclosure of the safeguarding and criminal concerns she raised in her area. This is because the Information Commissioner’s Office is better placed to consider her concerns about a possible data breach.

The complaint

1. Miss X says she gave social services information about someone involved in criminal activity in her area. She says she shared this in confidence and expected the Council to handle it safely as part of its safeguarding duties. She says the Council then disclosed her name or other details to that person, which identified her as the source without her consent. She believes this is a breach of her data protection rights.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complains about how the Council allegedly disclosed her identity after she raised concerns about criminal activity in her area.
7. The Council has not investigated this because it does not fall under the Children’s Services complaints process. The Council has said it should instead be taken to the Council’s Data Governance Team or the corporate complaints process.
8. The law usually says we cannot look at a complaint unless the organisation already knows about it and has had a chance to investigate and reply. But we can look at it if it would be unreasonable to expect that. I have used my discretion in this case. We are unlikely to give Miss X the outcome she wants this is because the Information Commissioner’s Office (ICO) is better placed to consider complaints about data protection.
9. We will not investigate Miss X’s complaint that the Council has committed a data breach.

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Final decision

10. We will not investigate Miss X’s complaint because the ICO are better placed to consider her concerns about possible data breach.

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Investigator's decision on behalf of the Ombudsman