Summary: We will not investigate Ms X’s complaint alleging the Council disclosed sensitive personal data to a third party. This is because there is a more suitable agency better placed to investigate.

The complaint

1. Ms X says the Council disclosed sensitive information about herself and her family to an individual who threatened her family and assaulted a family member.

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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))

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How I considered this complaint

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

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My assessment

5. The Council says there has been no breach of personal data and not upheld Ms X’s complaint.
6. We will not investigate. This is because the Information Commissioner is better placed to consider as the national regulator for information rights matters. It can consider if Ms X’s personal data was unlawfully disclosed to a third party.

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Final decision

7. We will not investigate Ms X’s complaint because there is another body better placed to consider.

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Investigator's decision on behalf of the Ombudsman