Summary: We will not investigate this complaint about disclosure of personal data. This is because the Information Commission is better placed to consider complaints about data protection and Mr X could take the matter to court.

The complaint

1. Mr X complains the Council disclosed confidential information to a third party. He says it failed to notify him it had done this and failed to act promptly following a serious safeguarding incident.
2. He says this created immediate safety concerns, which led to his family leaving their home. They have not had access to their property or possessions and their ability to work has been impacted. The situation is causing ongoing stress and anxiety.
3. He would like the Council to acknowledge the seriousness of the breach and reach a resolution without further delay so the family can safely return to normal living arrangements. He would also like the Council to consider the personal and financial impact this has had.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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))

6. We normally expect someone to refer the matter to the Information Commission 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)
7. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mr X’s complaint is about the disclosure of personal information. Therefore, I consider the Information Commission is best placed to consider it.
11. The Council’s insurers are currently considering a claim from Mr X. Only a court can decide if an organisation has been negligent and should pay damages. The Ombudsman has no powers to recommend or enforce any award of damages. I consider it would be reasonable to expect Mr X to take the matter to court if a resolution cannot be reached with the Council’s insurer.

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Final decision

12. We will not investigate Mr X’s complaint because the Information Commission is better placed to consider complaints about data protection and Mr X could take the matter to court.

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Investigator's decision on behalf of the Ombudsman