Summary: We will not investigate this complaint about the Council’s alleged breach of personal data concerning Ms Y’s family to local schools. This is because the Information Commission is better placed to consider. It is not proportionate to look at side issues such as the handling of a complaint about data protection when we are not looking at the core matter. And the complaint about the housing application is premature.

The complaint

1. Ms X complains, on behalf of Ms Y, the Council improperly disclosed Ms Y’s family data to schools without Ms Y’s consent. She says this caused distress.

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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. 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)

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How I considered this complaint

4. I considered information provided by Ms X which includes the Council’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complains that Ms Y’s personal and children’s data was shared with multiple schools without Ms Y’s consent.
7. Ms X disputes the Council’s view that the breach was low risk and says it has not provided sufficient information about what was shared or how it was handled. She also says the Council has not properly progressed her concerns or provided transparency about the breach.
8. The Council admits the breach of data but declines to consider it under its complaints process as it is subject to the processes regulated by the Information Commission. It confirms the complaint is closed and withdrawn from the complaints process.
9. We will not investigate this complaint. The issues raised primarily concern the handling and disclosure of personal data. Such matters fall within the legal remit of the Information Commission, which is the most suitable body to consider whether there has been a breach of data protection legislation.
10. I have considered if there are any other aspects of the complaint I could look at. While Ms X is concerned about the adequacy of the Council’s response, we would not investigate this on its own. This is because this is inseparable from the core data protection issues so an investigation would not be proportionate.
11. Ms X has also mentioned a lack of progress on Ms Y’s housing application. I have not seen any evidence this aspect of the complaint has been through the Council’s complaints procedures. I consider this is a premature issue, too early for us to consider, and it needs to be brought to the Council’s attention as a separate complaint.

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Final decision

12. We will not investigate Ms X’s complaint because there is another body better best placed to consider. It is not proportionate to look at side issues such as the handling of a complaint about data protection when we are not looking at the core matter. And the complaint about the housing application is premature.

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Investigator's decision on behalf of the Ombudsman